Bankruptcy Books

Bankruptcy And Debtor/creditor: Examples And Explanations (Examples & Explanations)

Brian A. Blum

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Customer Reviews:
Total reviews: 6 Average rating: 5.0 of 5

Editorial Review:

To keep pace with the recent major changes in bankruptcy law, noted author Brian Blum presents a completely revised edition of his popular study guide, "Bankruptcy and Debtor/Creditor: Examples & Explanations". This comprehensive paperback is well known for its effectiveness in helping students understand the many rules, principles, and policies of the area. The book earns the loyalty of both students and instructors for its: distinguished authorship from Brian Blum, who has written other successful titles in the "Examples & Explanations Series" and is a recognized master of the method; time-tested examples and explanations that clarify potentially confusing material; exceptionally clear and engaging writing; organization and coverage that tracks the leading casebooks in Bankruptcy and Debtor/Creditor Law; and problems that allow students to test their understanding of the law. The Fourth Edition responds to the 2005 Bankruptcy Act. It will be updated to reflect changes in bankruptcy law since 2004, and will concentrate particularly on changes made by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. The entire text is revised to correspond to current practice. New and updated examples and explanations focus on areas of change; and new cases illustrate key points "Bankruptcy and Debtor/Creditor Law: Examples & Explanations, Fourth Edition", provides the extra help students need to master fundamental concepts in this dynamic area. Be sure to recommend this timely and dependable study guide to your next class.

How to File for Chapter 7 Bankruptcy

Stephen Elias, Albin Renauer, Robin Leonard

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Customer Reviews:
Total reviews: 18 Average rating: 4.5 of 5

Very helpful resource 4 out of 5 stars.
22 of 22 people found this review helpful.

This review refers to the 13th edition of the book, which does cover the new bankruptcy law revision of 2006. Please read the editorial and customer reviews as to why this book was so helpful.

The author does a good job explaining how to file your own bankruptcy "pro se" (which means you are your own attorney and responsible for finding the answers to your own legal questions.)

At the time the 13th edition was printed, the author didn't know if any of the state bankruptcy courts would grant an indigent filer relief from the bankruptcy filing fee. This is because there was a difference between the federal agency that created the exemption document and the agency that says such requests can be granted. Apparently, this difference of opinion has since been resolved. In my state, Washington, the judge did grant me exemption from filing the court fee, a savings of over [...].

My bankruptcy was a pretty straightforward chapter 7, even though I had taken out a business license as a sole proprietor. As I had no clients and no business income, I could go ahead and file as an individual.

The author commends the reader for having taken charge of their financial crisis and having made the difficult decision to file for bankruptcy. It would also have been helpful if he'd included a few helpful tips on emotional and mental preparation. For example, people under stress tend to forget common sense advice like: get enough sleep, exercise, and healthy food. Organize all your financial records in a quiet and neat environment, etc. Write down what you've done and what you need to accomplish. And so forth.

In my case, because I could have been better organized, I ended up paying two times an amendment fee because I forgot to include all creditors on my mailing matrix and other related forms.

(As a side note, many credit card companies own their own credit collections agencies with completely different names. To be on the safe side, list both the original creditor and the "collection agency" that they supposedly "sold" the debt to in your bankruptcy forms. However, when totaling the debt, do not count the same amount twice. On your mailing matrix, include both the original creditor and any collection agencies they have sold their debt to. This will cover your rear end. If you list only the collection agency and not the original creditor, you might be responsible for paying off the debt because the original creditor wasn't listed in your bankruptcy forms.)

Student loans are usually not discharged but you should go ahead and list them anyway so the judge knows your total debt load.

Most filers choose to hire an attorney. I was one of three people who chose to go "pro se" out of over 30 filers. That really surprised me. My meeting with the trustee lasted less than five minutes.

Just because someone goes with an attorney doesn't mean that attorney will be complete and thorough. I witnessed two attorneys who did not properly prepare their clients for potential questions the trustee asked, all of which are described in this book in a special listing. In my case, the trustee did not ask all the questions listed in the book but I was sure glad the author listed them so I could be prepared in case he did choose to ask them. Did those people get their money's worth? I don't know.

The creditor's meeting is when you can tell the trustee if there have been any changes since you first filed for bankruptcy. Since this meeting is recorded now is the time to tell them. In my case, I reported assets I had failed to list (hobby supplies, etc.), assets that had been stolen from my home this month, and a car I no longer owned as it had been auctioned off by a towing company.

The two biggest reasons people file for bankruptcy are medically related and poor credit card usage. Both those reasons fit my profile. (Actually, I was very good at using a credit card as I remember charging them to the limit.) I cut up all my credit cards and now use only my debit card, cash, or checks. I now have a financial budget and feel like a load has been lifted off my shoulders.

The only reason I have for repairing my credit rating is if I choose to buy a house. At this time I don't have any plans for doing so. However, for those who do want to improve their credit score, your best bet is to see if your local credit union or bank will give you a secured credit card, which will only allow you to "charge" amounts that you have placed in a special account tied to the card. It is a combinations debit and credit card. You can only "charge" what is in your secured account but you get the protection and benefits of a credit card.

The new law states that filers must take a pre and post budget class. These cost money in Washington state.

If you choose to go "pro se" but hire a typist to prepare your documents, you are still responsible for all the information contained in the forms.

Beware that your filing is public knowledge. I was surprised at the number of predatory lenders that sent me mail immediately after I filed. There was also one attorney who sent me a solicitation letter. You must shred all these letters for your own good.

Editorial Review:

In these times of massive credit card debt and stagnating incomes, filing for bankruptcy has become the only relief for thousands of people. The information in How to File for Bankruptcy is so complete that a person can file virtually on his own, without needing to hire a lawyer. By no means does the book encourage filing for bankruptcy, but it will help anyone in serious financial trouble determine if bankruptcy might be a sensible course to take, and examines what kind is appropriate for different individuals. All of the necessary forms are included, complete with explicit directions. Like all Nolo Press titles, this is a straightforward, no-nonsense book of useful advice and specific guidance, written in clear, easy-to-understand language.

The New Bankruptcy: Will It Work for You? (2nd edition)

Stephen Elias

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Customer Reviews:
Total reviews: 7 Average rating: 4.5 of 5

Editorial Review:

A clear path through the bankruptcy maze!

Bankruptcy laws have changed, and figuring out how to use them effectively is harder than ever. For plain-English guidance you can trust, turn to The New Bankruptcy.

Here, you'll discover the clear-cut answers, information and strategies you need to figure out whether bankruptcy is the right solution for your debt problems. Find out:

if you qualify for Chapter 7 bankruptcy

how Chapter 13 repayment plans work

which debts are wiped out

how bankruptcy affects homeowners

if you can keep cars and other property

how bankruptcy affects credit

alternative ways to handle debt problems

and much more

The 2nd edition is completely updated to show how the courts have interpreted the new bankruptcy laws. It also provides worksheets to help you determine whether you can file for bankruptcy, and includes helpful checklists, sample forms and easy-to-use legal charts for all 50 states.

Personal Bankruptcy Laws For Dummies (For Dummies (Business & Personal Finance))

James P. Caher, John M. Caher

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Customer Reviews:
Total reviews: 2 Average rating: 4.0 of 5

Personal Bankruptcy Laws for Dummies 5 out of 5 stars.
5 of 5 people found this review helpful.

Personal Bankruptcy Laws for Dummies is the one and only book I found that explains the intricacies of the new bankruptcy law, gives the reader all the information needed to make a rational decision on whether bankruptcy is the appropriate remedy for his or her financial illness, and provides a wealth of information in a manner that neither patronizes nor condemns. Although it recognizes the emotional toll that financial difficulties inevitably place on individuals and couples, its strength is in giving the reader all the information necessary to make a reasoned decision on whether bankruptcy is the best route and, if so, under which chapter of the Bankruptcy Code.

Editorial Review:

With tips on understanding -- and surviving -- the new bankruptcy laws

If you're considering bankruptcy, you need straightforward answers and reliable advice. This handy guide covers it all -- so you can get your finances in line and your life back on track. This updated new edition covers everything you need to know about the new bankruptcy law and includes even better resources. Don't get desperate -- get out of debt instead!

Discover how to
* Weigh the consequences of bankruptcy
* Manage your spending
* Find professional help you can trust
* Decide on the right type of bankruptcy
* Pass the means test
* Keep more of your stuff

Chapter 13 Bankruptcy: Keep Your Property & Repay Debts Over Time

Stephen Elias, Robin Leonard

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Customer Reviews:
Total reviews: 5 Average rating: 5.0 of 5

Editorial Review:

Reduce your debts, save your property -- and start over!

Are you behind on your mortgage, taxes or other bills? Are creditors threatening foreclosure or repossession? This book will show you how to save your house, car and other assets with Chapter 13 Bankruptcy. It lets you cancel your debts and pay off the rest with an affordable repayment plan.

And now you can avoid attorney fees and do it yourself -- let Chapter 13 Bankruptcyyou how to:

determine if you qualify for Chapter 13

stop a house foreclosure

estimate monthly payments

devise an acceptable repayment plan

complete and file forms

make up missed mortgage payments

pay off other debts

represent yourself before a bankruptcy judge or trustee

The 9th edition is completely rewritten to reflect the recent (and massive) changes to federal bankruptcy law, as well as the latest bankruptcy exemption laws of your state. It also includes the most current legal documents and instructions on filling them out.

Whether you work with a lawyer or file on your own, you'll find everything you need to take charge of your debts in Chapter 13 Bankruptcy.

Please note: This book does not cover business bankruptcies, farm reorganizations or individual repayment plans (Chapter 13). For Chapter 7 Bankruptcy, see Nolo's How to File for Chapter 7 Bankruptcy.

State and Federal Exemption Charts
Doubling
Residency Requirements for Claiming State Exemptions
Exemptions for Retirement Accounts
Individual State and Federal Charts

Tear-Out Forms
Voluntary Petition
Exhibit C to Voluntary Petition
Exhibit D to Voluntary Petition
Schedule A -- Real Property
Schedule B -- Personal Property
Schedule C -- Property Claimed as Exempt
Schedule D -- Creditors Holding Secured Claims
Schedule E -- Creditors Holding Unsecured Priority Claims
Schedule F -- Creditors Holding Unsecured Nonpriority Claims
Schedule G -- Executory Contracts and Unexpired Leases
Schedule H -- Codebtors
Schedule I -- Current Income of Individual Debtor(s)
Schedule J -- Current Expenditures of Individual Debtor(s)
Declaration Concerning Debtor's Schedules
Summary of Schedules and Statistical Summary of Certain Liabilities and Related Data
Form 3A -- Application and Order to Pay Filing Fee in Installments
Form 7 -- Statement of Financial Affairs
Form 10 -- Proof of Claim
Form 20A -- Notice of Motion or Objection
Form 21 -- Statement of Social Security Number(s)
Form 22A -- Statement of Current Monthly Income and Means-Test Calculation
Form 22C -- ChaStatement of Current Monthly Income and Calculation of Commitment Period and Disposable Income
Form 23 -- Debtor's Certification of Completion of Postpetition Instructional Course Concerning Personal Financial Management
Form 201 -- Notice to Individual Consumer Debtor Under § 342(b) of the Bankruptcy Code Amendment Cover Sheet
Daily Expenses
Notice of Plan Amendment and Confirmation Hearing Date
Proof of Service by Mail
Chapter 13 Repayment Plan

Appendix C: Charts

2008 U.S. Bankruptcy Code & Rules Booklet

Staff

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Customer Reviews:
Total reviews: 1 Average rating: 4.0 of 5

Barren Federal Bankruptcy Statute without the Analysis, Commentary, Context, Examples, or Explanation 4 out of 5 stars.
0 of 2 people found this review helpful.

Although legal novices may find it difficult to digest 454 pages of federal statutory law, some readers will find this book to be a useful resource. But, some may also wonder why the publisher neglected to find a current or former federal legislator or staffer to at least attempt to clarify some of the confusing aspects of the legislature's intent and/or lack of coherent intent. While recent amendments since 2005 to the federal bankruptcy code and its associated Rules of Federal Bankruptcy Procedure have been popularly regarded as efforts to curb bankruptcy "abuse" by debtors, debtors will be relieved to learn that such recent changes in the law provide debtors with procedural tools that will allow them to prevail in controversies litigated against creditors and other parties to their cases.

Editorial Review:

Complete U.S. Code, Title 11 (Bankruptcy) and related provisions in Title 18 (Crimes and Criminal Procedure), Title 26 (Internal Revenue Code) & Title 28 (Judiciary and Judicial Procedure), plus the Federal Rules of Bankruptcy Procedure and the Interim Bankruptcy Rules, as amended through Dec. 1, 2007. The Federal Rules of Bankruptcy Procedure includes the full text of the F.R.Civ.P. that are incorporated therein.

Handy paperback size. Comprehensive index. Full citations to source legislation and amendments. Cross-references between the Bankruptcy Code and Rules. Published in January of each year just weeks after new rule changes take effect.

This book is perfect size for courtroom use.

Bankruptcy and Related Law in a Nutshell (Nutshell Series)

David G. Epstein

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Customer Reviews:
Total reviews: 6 Average rating: 2.5 of 5

DON'T BUY - OLD EDITION 1 out of 5 stars.
16 of 16 people found this review helpful.

2005 Amendments are not in the burgundy colored BNK law book - they are in the new one. The cover is blue. The burgundy colored one in OLD law. Buy the new blue one (2005) that has the new amendments in it.

Mad 1 out of 5 stars.
5 of 6 people found this review helpful.

I was tricked into thinking this was the new book that covered the new code! If it isn't the 2005 edition with the blue cover.....then don't put the #$@#$#$ 2005 edition cover on display!!!!!!!!!

Amazon really SUCKS sometimes!!!!!!!!!!!!!

Better guides are available 1 out of 5 stars.
3 of 3 people found this review helpful.

This is probably the worst of the guides available for bankruptcy law. It seems to have been put together in a hurry, maybe to be the first guide on the market to address the 2005 amendments. I had to look else where after being disappointed with this and prefer the following:

1. Baird's Elements of Bankruptcy (awesome!)
2. Blum's Examples & Explanations

Editorial Review:

This comprehensive guide covers bankruptcy issues and laws. Written by experts in the field, the text discusses judicial debt collection, creditors with special rights, debtors' state law remedies, commencement, conversion, and dismissal of a bankruptcy case, automatic stay of collection, creditors’ and debtors’ rights, exemptions, collection, and pre- and post-bankruptcy transfers. Also discusses the effect on secured and unsecured claims, leases and executory contracts, and allocation of judicial power over bankruptcy matters.

Credit After Bankruptcy: A Step-By-Step Action Plan to Quick and Lasting Recovery after Personal Bankruptcy

Stephen Snyder

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Customer Reviews:
Total reviews: 171 Average rating: 4.5 of 5

The Book Is Actually An Ad For His $497 Course 1 out of 5 stars.
4 of 6 people found this review helpful.

This book is FULL of commercials but void of any specific information you can apply to your life. His advice on everything from getting credit cards, auto loans, installment loans, mortgages, what ever, is to research everything out there and interview every loan officer, credit mangager etc out there, and find the best deal.
This book, his internet site, and his "free" seminar are all in effect teases to get you to buy his "Increase Your Credit Scores - Improve Your Lifestyle" course which costs $497. Presumably, some actually utilizable information is in that.

Sexist, out of touch and downright weird 1 out of 5 stars.
2 of 2 people found this review helpful.

This is one of the most strange books I have read. The author is sexist and out of touch with modern society. He differentiates betweeen "men's work" and "women's work", pushes religion, and among his 32 ways to cut living expenses he recommends finding new homes for your pets and other strange suggestions (like not sending Christmas cards but writing more letters throughout the year). I also find it alarming how he touts leasing cars, and he apparently does it quite often as he speaks of his third car, his wife's fourth car, etc. Why not just buy a decent used car and pay for the upkeep? Really bizarre and a complete waste of time. Like another reviewer mentioned, there is much more complete and up to date information available all over the web. Also, try your local non-profit credit counseling office, they generally offer free classes and educational material.

Editorial Review:

A step-by-step action plan to quick and lasting recovery after personal bankruptcy. Indexed.

Principles of Bankruptcy Law (Concise Hornbook) (Concise Hornbook)

David G. Epstein; Steve H. Nickles

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Customer Reviews:
Total reviews: 1 Average rating: 2.0 of 5

somebody help these guys with copyediting and citations 2 out of 5 stars.
0 of 0 people found this review helpful.

The tripartate sinners:
First sin: lack of copyediting (the book is chock full of typographical errors)
Second sin: lack of citations/authority for authors' declarations of law
Third sin: lack of attention to the signficance of local rules in bankruptcy procedure

Editorial Review:

This book focuses on the material covered in a typical law school course on Bankruptcy. It covers both business and consumer bankruptcy. The book explains basic bankruptcy concepts and then uses those concepts to make code provisions understandable.

The American Bar Association Guide to Credit and Bankruptcy: Everything You Need to Know About the Law, Your Rights, and Credit, Debt, and Bankruptcy

American Bar Association, Jr. David L. Hudson

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Customer Reviews:
Total reviews: 1 Average rating: 5.0 of 5

good concise resource on credit issues 5 out of 5 stars.
2 of 6 people found this review helpful.

This is a succinct summary of a variety of credit related topics. It is easy to understand and suitable for a general overview of the topic. Written by the American Bar Association, an authoritative source.

Editorial Review:

The average credit card debt per household is $7,500, and more than 1.6 million Americans file for bankruptcy each year. The American Bar Association Guide to Credit & Bankruptcy answers the questions people commonly ask lawyers about getting, keeping, and repairing credit.

• Includes major new requirements of the bankruptcy reform bill, in effect October 2005
• Topics include credit card debt, bankruptcy, and other forms of debt such as home mortgages, auto loans, and e-loans.