Index

• Library: Chapter 13 Bankruptcy (Nolo) (2020 Ed.)

Index

341 hearing. See Meeting of creditors

401(k) retirement plans, 67, 94, 95, 99, 130, 214

707(b) action, 261

A

Abuse

overview, 261
"abuse under all the circumstances" test, 56, 57
presumption of abuse, 58-60, 71-72, 275, 381
statement of exemption form, 58-60, 381
See also Fraud

Accounts receivable, 97, 130, 261

Actual projected income, 81, 92, 139, 207

Address changes, 193

Adequate protection motion, creditor's, 202

Adequate protection payments, 138, 179, 261

Administrative expenses

overview, 114-115, 261
bankruptcy trustee commission, 13, 49, 71, 89, 90-91
for credit counseling course/certificate, 171
filing fees, 8, 121, 173
lawyer fees and fee agreement, 35-36, 143, 246, 248, 249, 250
multipliers for, 71, 94

Adversary proceedings, 152, 219, 227, 261

Affidavit, 63, 261

Alimony, 49, 68, 74, 85

Allowed secured claim, 255, 262

Alternatives to bankruptcy, 25-29

Amendments to your bankruptcy forms, 188-189, 192, 193, 206, 225, 262

American Jurisprudence, 2nd Series, 255-256

Animals, 211, 262

Annuity, 262

Arrearage payoffs

for mortgages, 17, 50, 90-91
for secured debts, 79-80, 87-88, 90-91, 209
for taxes, 11

Attorneys' fees and automatic stay, 35-36.

See also entries beginning with "Lawyers"

Automatic stay, 31-43

overview, 10, 32, 176, 262
and actions against codebtors, 37
actions not stopped by the stay, 37-38
court lifting stay if you pay creditors outside the plan, 91
creditor's motions for relief from, 202-203
effect on collection actions, 33-36
and evictions, 39-43, 203
and impending foreclosure, 16
losing the protection of, 38-39, 43
time in effect, 32-33

Avails, 262

B

Bank loans postbankruptcy, 236-237

Bankruptcy

overview, 105
neither Chapter 7 or Chapter 13 work for you, 76
using the process in bad faith, 33-34
See also Chapter 13 bankruptcy eligibility; Filing for bankruptcy

Bankruptcy (National Edition, published by The Rutter Group), 254-255

Bankruptcy Abuse Prevention and Consumer Protection Act (2005), 56, 263

Bankruptcy administrator, 263

Bankruptcy alternatives

overview, 25
do nothing, 25-28
negotiate with your creditors, 28-29

Bankruptcy Appellate Panel, 257, 263

Bankruptcy attorney, 143. See also Lawyers, consulting with; Lawyers, working with

Bankruptcy Code, 255, 263

Bankruptcy court, legal research on, 258

Bankruptcy estate

overview, 96, 174, 263
property included in, 97-99
property not included in, 99-100

Bankruptcy judge at confirmation hearing, 190. See also Court orders

Bankruptcy lawyer, 244-245, 263. See also entries beginning with "Lawyers"

Bankruptcy petition preparers (BPPs), 245, 263, 267

Bankruptcy Reporter (B.R.), 258

Bankruptcy trustee

overview, 176-177, 280
attempting to revoke your discharge, 240
and business owners filing personal bankruptcy, 179, 182
challenging your plan, 6-7
commission, 13, 49, 71, 89, 90-91
deciding on status of executory contracts or unexpired leases, 138
filing the discharge order, 219
handing over major credit cards to, 183
independent appraisal of your home initiated by, 187
making plan payments to, 13
meeting of creditors questions, 186-187
motion to dismiss case for failure to comply with procedural rules, 203
notifying if you change jobs, 191
notifying if you receive money or property, 98-99, 177-178
role in meeting of creditors, 11
stopping the income deduction order, 220
website of, for procedures and duties of the debtor, 49

Bar association referrals, 245

Beneficial ownership under a real estate contract, 128

BFPs (bona fide purchasers for value), 34

Boat loans as secured debt, 73

Bona fide purchasers for value (BFPs), 34

BPPs (bankruptcy petition preparers), 245, 263, 267

B.R. (Bankruptcy Reporter), 258

Breach of contract debts and automatic stay, 35-36

Brunner Test for establishing undue hardship, 16

Budget, creating a, 14, 177, 221, 230-231

Burial plot, 263

Business bankruptcy, 46-47, 263

Business debts vs. consumer debts, 106-107

Business owner's personal Chapter 13

bankruptcy, 179, 182

C

California exemption systems, 101, 104

Carrying out your plan, 213-221

overview, 214
attempts to revoke your confirmation, 219
completing your plan, 219-221
income increases, 214-215
modifying your plan as needed, 215-219
selling property, 215

CCCS (Consumer Credit Counseling Service), 234

Certifications

overview, 263
about a financial management course, 181, 195, 220
automatic stay and evictions, 41
debtor's certification regarding domestic support obligations, 195
for missing counseling due to exigent circumstances, 172

Change of address, 193

Chapter 7 bankruptcy

overview, 23 -24, 264
conversion from Chapter 13 to, 225, 226
and income, 23
neither Chapter 7 or Chapter 13 work for you, 76
as only option if you're not current on taxes, 49
statement of intention, 225, 278
and student loans, 23
See also Chapter 13 bankruptcy and Chapter 7 bankruptcy compared; Form 122A-1—Chapter 7 Statement of Your Current Monthly Income; Means test; Nonexempt property, Chapter 13 payments must be equal to Chapter 7 payments to creditors

Chapter 13 bankruptcy, 3-29

overview, 5-6, 24-25, 180-181, 264
alternatives to bankruptcy, 25-29
Brunner Test for establishing undue hardship, 16
dismissing your plan before it's complete, 215, 224, 280
filing fees, 8, 121, 173
forced conversion to, 76
keeping your home with, 16-18
making the decision, 105-116
as only option, 56-58
See also Automatic stay; Chapter 13 bankruptcy eligibility; Means test; Routine matters

Chapter 13 bankruptcy and Chapter 7 bankruptcy compared

overview, 23-25, 116
child support payments, 111
credit card debts, 111
dischargeable debts, 15
homestead exemption rules, 108-110
keeping or losing nonexempt property, 52
loan reductions or lien eliminations with Chapter 13, 18

Chapter 13 bankruptcy eligibility, 45-53

annual income and expense reports, 49
calculating your ability to repay required debts, 51-52
child support and alimony rules, 49
credit counseling course
creditors' objection to your eligibility, 201
debt limits, 47-48, 114
income sufficient to fulfill your repayment plan, 49-52
paying to keep nonexempt property, 52, 113-114, 140-141
and previous bankruptcy discharge, 46
providing tax returns for four years, 48, 172-173

Chapter 13 Plan

amending, after a failed confirmation hearing, 192
amending after filing and before court hearing, 188-189
completion of your plan, 219-221
court appearances for fine tuning your plan, 12-13
decrease in disposable income, 216-217
drop-dead clause in modified plan, 216
failure to complete your plan, 14, 214, 223-228, 280
incurring new debt after your plan is confirmed, 218-219, 225
missing a payment, 215-216
modifying as needed, 215-219
replacing your car after your plan is confirmed, 217-218
See also Carrying out your plan; Common legal issues; Form 113—Chapter 13 Plan; Life after bankruptcy; Repayment plan

"Chapter 20 bankruptcy," 46

Charitable contributions, 70, 84-85

Child care expenses, 68, 83-84

Child support lien, 133

Child support payments

overview, 9-10
Chapter 13 and Chapter 7 compared, 111
as deduction from income, 68
excluding from base income, 80-81
as expense on Form 106J, 85
and filing for Chapter 13, 49
motion to dismiss your bankruptcy for not staying current with, 203
no protection from automatic stay, 37
as priority debt, 74

Civil unions, 124

Claims

overview, 264
contingent, unliquidated, or disputed status, 134
conversion from Chapter 13 to Chapter 7 bankruptcy, 225
handling creditor claims, 208-209
listing creditors with claims on Form 106D, 132-135
objecting to a creditor's claim, 209, 211
of postpetition creditors, 218

Claims against others, listing on Form 106A/B, 131

Classifying your debts, 72-76

Clothing expenses, 65, 69-70, 84, 264

Club expenses, 84

Codebtors

overview, 264
automatic stay and actions against, 37
listing on Form 106H, 122, 126, 137, 139, 277
responsibility of, 139

Collateral

overview, 210-211, 264
debtor's responsibility to adequately protect the property, 178, 202
surrendering to the creditor, 88, 225, 279

Collection agencies, 27-28, 32, 237-238

Collier Bankruptcy Practice Guide, 257

Collier on Bankruptcy (Sommer and Levin), 254

Commissions owed by an employer as priority debts, 74

Common law marriage, 124

Common law property states, 265

Common legal issues, 199-212

overview, 200
asking the court to eliminate liens, 210-212
dealing with creditors' motions, 201-204
filing motions, 200-201
handling creditor claims, 208-209
See also Objections of creditors

Communication device expenses, 68

Communication with your lawyer, 247

Community property, 97-98, 125, 265

Completion of your plan, 219-221

Confirmation hearing, 12, 188, 189-191, 192, 265

Consumer Bankruptcy Law and Practice (National Consumer Law Center), 255

Consumer credit counseling agencies, 234

Consumer Credit Counseling Service (CCCS), 234

Consumer debts, 59, 106-107, 141, 265

Contingent claims, 134

Contingent debts, 47, 265

Contingent interest in property, 128, 131, 265

Conversion, 76, 225-226, 265

Cosigned debts, 47, 111

Court clerk, 40, 123, 257, 266

Court orders

discharge order, 220
income deduction order, 143, 190-191, 205, 215, 220
injunctions, 32-33, 270, 274
judge's order confirming your plan, 191
Order Confirming Chapter 13 Plan, 191

Court variability

overview, 256-257
adequate protection payments, 138
debtor rehabilitation program, 221
deductions for debt payments that are no longer current, 70
failing to make your first payment on time, 178-179
family home as necessary vs. replaceable for less money, 202
and forms, 256-257
income deduction order, 143, 190-191
local version of National Chapter 13 Plan, 146
means test requirement when converting from Chapter 13 to Chapter 7 bankruptcy, 226
objection time when converting from Chapter 13 to Chapter 7 bankruptcy, 225
paying mortgage outside vs. inside the plan, 91
reasonable expense, 82
student loan treatment, 59
voluntary retirement plan payments, 94
whether Social Security is included in disposable income, 81
zero-percent plans, 115

Cramdowns

overview, 18-21, 266
lawyer/debtor discussion about,

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