How to File for Chapter 7 Bankruptcy (Paperback)

by Stephen Elias (Author), Albin Renauer (Author), Robin Leonard (Author)
Key Phrases: subtract line, mailing matrix, other necessary expenses, Social Security, Official Form, Statement of Intention (more...)

Editorial Reviews

Amazon.com 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. --This text refers to an out of print or unavailable edition of this title.

From Library Journal
This book focuses almost exclusively on personal or so-called "straight" bankruptcy under Chapter 7 of the Bankruptcy Code, and excludes detailed consideration of Chapter 13 repayment plans. The authors, all lawyers associated with Nolo Press, provide step-by-step information necessary to determine whether or not, and how, to file. Included are worksheets, examples, and illustrative filled-in forms. Although not stated, this volume is apparently intended by Nolo to replace Janice Kosel's perennial Bankruptcy: Do It Yourself , which has a California emphasis; however, it will complement her Chapter 13: Federal Plan to Repay Debts (Nolo Pr., 1987. 3d ed.). The present work is more up-to-date than Benji Anosike's How To Declare Your Personal Bankruptcy Without a Lawyer (Do-It-Yourself Pubs., 1983), and although less comprehensive than the excellent Consumer Bankruptcy Law and Practice (National Consumer Law Ctr., 1988 . 3d ed.), which is intended for lawyers but useful for laypersons, this is a best buy to support a commonly asked legal reference question. Recommended for public and academic libraries.
- Merlin Whiteman, Indiana Univ. Sch. of Law, Indianapolis
Copyright 1990 Reed Business Information, Inc. --This text refers to an out of print or unavailable edition of this title.

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Product Details

• Paperback: 528 pages
• Publisher: NOLO; 15 edition (October 15, 2008)
• Language: English
• ISBN-10: 141330897X
• ISBN-13: 978-1413308976
• Product Dimensions: 11 x 8.4 x 1.3 inches
• Shipping Weight: 2.7 pounds (View shipping rates and policies)
• Average Customer Review: 4.7 out of 5 stars See all reviews (67 customer reviews)
• Amazon.com Sales Rank: #28,138 in Books (See Bestsellers in Books)

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Customer Reviews

Most Helpful Customer Reviews

177 of 186 people found the following review helpful:

5.0 out of 5 stars Excellent and accurate resource, September 21, 1999

By A Customer

This review is from: How to File for Chapter 7 Bankruptcy (8th ed) (Paperback)

This book has been my light at the end of the tunnel. It took me approximately 4 wks. to research the book and understand it so I didn't make any mistakes in filing inaccurate information but once I did the paperwork (all through the mail) it only took 1 wk. before the creditors meeting was set for 3 wks. later and the entire chapter 7 should be done within about 3 months. I was the only one present at my meeting without an attorney but my meeting as well as the 15 people before me only took 5 minutes each in front of the trustee. None of the creditors in any of the cases showed up except Sears in other cases but they just noted the information for their records. This is possible to do by yourself and for approximately $175.00 administrative and filing fees. No other costs have been incurred and I am on my way to a new start. Thank you so much!

34 of 34 people found the following review helpful:

4.0 out of 5 stars Very helpful resource, April 24, 2007

By	Joomi Lee (World citizen) - See all my reviews

This review is from: How To File For Chapter 7 Bankruptcy 13th Edition (Paperback)

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.

24 of 24 people found the following review helpful:

5.0 out of 5 stars This book saved me attorney's fees! Worth its weight in gold, September 16, 2004

By	Anne (Colorado) - See all my reviews

This review is from: How to File for Chapter 7 Bankruptcy, 10th Edition (Paperback)

I can't say enough wonderful things about this book!

6 months ago I was contemplating bankruptcy. I searched for a book to help me and decided to buy this one. Honestly, I figured I'd read it, be more confused than ever and have to hire an attorney.

That's NOT what happened. I took a weekend and studied every page of this book and took notes. I filled out and filed my bankruptcy petition on my own. Today, I attended my creditor's meeting. Now, in just 2 months, I'll receive my discharge. All WITHOUT a lawyer!

Filing bankruptcy without a lawyer is more time consuming, but the money saved is worth it. Just take your time and study this book and you'll be fine.

Thank you, Nolo. Buying this book was the best thing I've done this year.