Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do: (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.

Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

Literary Material & Copyrights

  • Filter
  • Time
  • Show
Clear All
new posts

  • Literary Material & Copyrights

    Has anyone, writers for example, ever dealt with copyright ownership during a Chapter 7? I have several scripts and short stories which have no defined worth right now... but I'd like to continue looking for a company to publish or option them.

    My 341 meeting is in a month. I would like to keep my property and try to develop it myself but can't find anyone who has went through a similar bankruptcy.

  • #2

    I would assume the trustee will not want your unpublished writings. I'm guessing they have little or no value to anyone other than you. As hard as it is for the author to get his or her stuff published, I can't believe a trustee would be interested. Now if you have published stuff before and had best sellers that could be a different story. (no pun intended) -


    • #3
      Have you ever made money from anything you have written to date?

      If you want maximum protection and take the conservative approach, list the manuscripts as an asset on your BK schedules and list them with zero value. That way, no one can come back (in the event you actually get them self or published) and said you failed to disclose the item. I don't think you have anything to worry about. But you need to disclose the assets.

      But yes, the trustees will evaluate the future value of a copyright and and do a net present value analysis to see if it is worth anything; unless the debtor is a published author with "real" representation (literary agent or the like), the trustees have no interest. Value is too uncertain.
      Last edited by HHM; 01-31-2011, 02:36 PM.


      • #4
        Thanks for the information. I did list them as assets and with no value. Wonder if a publisher decided to pick up one of the stories a few months after my 341 meeting and the additional passing of 60 days? Do you know if they could come back to claim anything and if so... would it only be up to the value of the past debt or could they take more?


        • #5
          Hi Wiretoggle, Welcome to the forum. I sent you a PM.

          Meanwhile, I agree with HHM; your manuscripts have no value right now. It is the 'potential' value that may be questioned.
          "To go bravely forward is to invite a miracle."

          "Worry is the darkroom where negatives are formed."


          • #6
            All of the above posts are correct and you should not attempt to increase the value of the asset until the Trustee has abandoned it (and "yes", publishing the manuscript increases its value). Abandonment happens when the case is closed (not the entry of the Discharge) unless the Trustee files a Notice to Abandon sooner than the time the case is closed.



            • #7
              Thanks Des, that was a very good answer.

              Wiretoggle, Des is a bk attorney who is a member of our forum, and has helped immensely since joining.

              I noted that you started multiple threads in numerous boards. That is against forum rules because it causes too much confusion amongst the members when trying to keep track of which thread they answered. Therefore I have merged your threads into one thread located in the Ch7 Board, since that is the Chapter under which you filed.

              "To go bravely forward is to invite a miracle."

              "Worry is the darkroom where negatives are formed."


              • #8

                I'm needing help with something very similar, as I'm going to have to file pro se.

                I have several self published books on Amazon, and I'm not sure what the process or method is on placing a value on them. I generally make $50 to $75 a month off of all of them total. If I listed them with an unknown value, could this delay my bankruptcy? I've searched and searched Google for help on this, and I haven't been able to find information.

                Also, when you're self published do you list this income under royalties or business income? I don't have a contract and of course I never received an advance, like I possibly would have had I been with a publisher. I can pull them off Amazon anytime, so I'm confused as where I list this income. Is it technically considered royalties where there is not a contract and you are essentially selling these books yourself through a retailer? Thanks.


                • #9
                  I have two self-published books too--one through Amazon and another through another self-publisher--and had to declare them on my petition. I'd have to look back at my Chapter 7 paperwork and see if the bankruptcy lawyer put any monetary value on them and where we listed it. I literally made about $25 last year on them, so they would never be an asset that a trustee would pursue.

                  I guess I would consider that income as royalties, since that's where my tax guy would always list it on my IRS tax forms each year.


                  • #10
                    That would be awesome. Thanks so much!


                    • #11
                      I checked my petition... the books were listed in the Financial Assets section under #26. It says "Debtor has authored 2 books" and listed the titles with a value of $0. (The $25 I made last year was in cash from selling books in person, not an actual royalty check from the publisher, so I didn't include it on my taxes. It's always hobby income, anyway.)
                      If I had received any recent royalties, it would have been included in Income Part 1, #7 Interest, dividends, royalties on the petition.
                      Hope that helps...


                      • #12
                        If you are making $50 to $75 a month, there is some value there. My experience with this type of asset is in the estate administration context, not the BK context, but both use fair market value which would likely be based on the expected stream of income over a number of years. You might try an internet search for something like "how to value a stream of royalty income".
                        LadyInTheRed is in the black!
                        Filed Chap 13 April 2010. Discharged May 2015.
                        $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


                        • #13
                          Thanks for your help all!


                          Unconfigured Ad Widget