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Bankruptcy Basics: Chapter 7 And Chapter 13


Bankruptcy Basics: Chapter 7 And Chapter 13

Author: Marina Ricci, Esq.

Bankruptcy enables people to get out of debt or to restructure their debt so they can pay their creditors. If you have been out of work, have high medical bills, or have more debt than you can handle, bankruptcy may be a good option.

This book will help you understand how bankruptcy can help you save your home and car. Though we hear the economy is improving, in 2014 there were an average of 75,000 bankruptcy filings per month.

Bankruptcy can be the best way to start fresh and debt free. This book can help you decide what’s best for you when your debts get too high.

Marina Ricci, Esq. is a real estate and bankruptcy attorney in Illinois. She also teaches those subjects at Harper College in Pallatine, Illinois.


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Table of Contents

What This Book’s About 8

Why Bankruptcy? 10

Should I Hire an Attorney for a Bankruptcy Filing? 11

Bankruptcy Fundamentals 12

Chapter 7 Bankruptcy 15

Chapter 13 Bankruptcy 17

Not All Debts Are Eliminated in Bankruptcy 19

How Often Can You File? 19

What If Your Bankruptcy Filing Is Dismissed? 20

State Law Bankruptcy 21

Credit Counseling 22

Eligibility to File for Bankruptcy 23

Chapter 7 Eligibility 24

Chapter 13 Eligibility 25

Why Choose Filing Chapter 13 over Chapter 7? 26

Income Limits 27

Income Limits for Chapter 7 28

Income Limits for Chapter 13 28

How a Bankruptcy Proceeding Works 30

Creditors Are Represented by Trustees 31

341 Hearings 32

Providing Necessary Documentation: 521 Docs 33


Bankruptcy Motions: Unfreezing Bank Accounts 34

Creditor Objections 34

Automatic Stay: Creditors Can’t Contact or Garnish 35

Debt Discharged in Bankruptcy 36

Owning Too Much: Asset Cases 36

Buying Back Your Property 37

Reinstating Home and Auto Loans 38

Non-filing Spouses 40

Converting from Chapter 7 to Chapter 13

and Vice Versa 40

Chapter 13 Converting to Chapter 7 40

Chapter 7 Converting to Chapter 13 41

Post-discharge Creditor Issues 42

Waiver of Bankruptcy Filing Fee 42

Finding Your Case Online via Pacer 43

Forms Required with a Chapter 7 Filing 44

Schedule A: Real Estate 45

Schedule B: Personal Property 48

Schedule C: Exempt Property 49

Schedule D: Secured Creditors 51

Schedule E: Priority Debts 52

Schedule F: Eliminating Creditors 52 5


Schedule G: Eliminating Leases and Contracts 54

Schedule H: Notifying Cosigners 55

Schedule I: Your Income 56

Schedule J: Household Expenses 57

Property Exemptions 57

Transfers Prior to Filing 59

Attorney Compensation Statement 60

Statement of Intention: Home and Car Loans 60

List of Creditors: Creditor Matrix 61

Too Much Income: So-called “Abuse” Cases 62

Chapter 13 Bankruptcy 63

Chapter 13 Exemptions 64

The Automatic Stay 65

Protecting Cosigners in a Chapter 13 Bankruptcy 66

Calculating the Chapter 13 Repayment Plan 66

Income-based Plan 66

Equity-based Plan 67

Reduced Car Loan Payments: Cram Down 68

Creditor Payments and Objections 69

Making Payments Under Chapter 13 70

Chapter 13 Required Hearing and Documentation 70

Confirmation Hearing to Approve the Plan 71

Paying Creditor Claims 72

Chapter 13 Bankruptcy Trustees 72


Debtor Options and Requests 73

Credit Counseling 73

Domestic Support Obligation Disclosure 74

Eliminating Debt in a Chapter 13 Bankruptcy 74

Special Circumstances 75

Divorce Decrees 76

Businesses 76

Student Loan Discharges 77

Alternatives to Bankruptcy 78

Life After Bankruptcy 80

Glossary 82

About the Author 86

About Real Life LegalTM 87

Available Titles 87

Real Life Legal™...
We want YOU to be prepared!

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