NOLO Book: How to file Ch 7 now available!

[Interlaw]

I agree with you, Brett. In Colorado, there is a note on their web page: "Please be aware that through January 20, 2006, 81% of the cases dismissed under the new provisions of the Bankruptcy Code were filed by debtors who did not have an attorney."

However, the unfortunate reality is that filing BK is getting more and more expensive. And, as I posted in another thread, they are looking to raise the filing fees once again. Ironically, people cannot afford to file for BK.

I've hired a lawyer, but am preparing as if I was filing pro se since I'm the only one who cares 100% about the outcome of my case and has a vested interest in it. (Sorry, I know you're a lawyer, but that's the reality of it--it's the debtor that loses sleep over this night after night, not the lawyer.) You hear of so many cases here where people get their forms back from the lawyer and they are filled with substantial errors. It's good to be educated and know what you're looking for.

The more a client knows about their case, the better I like it. I urge my clients to open a Pacer account and review their case regularly. After all, as you correctly note, I have lots of active cases and theirs is the only and most important case in the universe for my client.

NACBA, the National Association of Bankruptcy Attorneys, is fighting against the proposed increase in Chapter 7 filing fees, not because Chapter 7 Trustees aren't entitled to an increase in their fees--they are--but because the filing fees are too high already, pricing some folks out of bankruptcy entirely.

One of the very few good things about the new law is that the bankruptcy court may waive the chapter 7 filing fee for an individual debtor who: (a) has income less than 150 percent of the poverty guidelines last published by the United States Department of Health and Human Services (DHHS) applicable to a family of the size involved; (2) and (b) is unable to pay that fee in installments. I've filed several of these for clients, and had them granted.

And as for debtors who have attorneys who prepare poor and error-filled forms and don't return client calls...I recommend writing a letter to the judge detailing the problems you are having. The Bankruptcy Court has complete power over attorney fees, and I've seen judges order a lawyer who did a poor job to disgorge, or return to the client, all or a portion of the fees paid.

Brett Weiss
[Maryland, DC and Federal bars
Member, National Association of Consumer Bankruptcy Attorneys

--> Read our Bankruptcy FAQ at [FAQ/br_faq.htm[/url][url]

************************************************** ***************
The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the
facts and the law applicable to your situation.
************************************************** ***************

[anonymuse]

I agree with you, Brett. In Colorado, there is a note on their web page: "Please be aware that through January 20, 2006, 81% of the cases dismissed under the new provisions of the Bankruptcy Code were filed by debtors who did not have an attorney."

However, the unfortunate reality is that filing BK is getting more and more expensive. And, as I posted in another thread, they are looking to raise the filing fees once again. Ironically, people cannot afford to file for BK.

I've hired a lawyer, but am preparing as if I was filing pro se since I'm the only one who cares 100% about the outcome of my case and has a vested interest in it. (Sorry, I know you're a lawyer, but that's the reality of it--it's the debtor that loses sleep over this night after night, not the lawyer.) You hear of so many cases here where people get their forms back from the lawyer and they are filled with substantial errors. It's good to be educated and know what you're looking for.

[Interlaw]

[url]

************************************************** ***************
The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the
facts and the law applicable to your situation.
************************************************** ***************

[anonymuse]

AreSoonParted,
You're lucky you got the ebook version--it wasn't available when I ordered and I wound up ordering the paper version. (I like ebooks so you can search on anything and take it on your laptop with you.)

Between the Ch 7 and their book "The New Bankruptcy: Will It Work for You?" (which helps you determine between 7 & 13), I learned so much. These boards are so informative, but I was getting a bit overwhelmed by all of the information and it was good for me to read things in a concise organized fashion to make sure I was understanding things correctly. I have often consulted those books before answering a question on here.

Unfortunately, "Chapter 13 Bankruptcy: Repay Your Debts" is not available since it is not due out until the fall.

[monlyba]

good idea! i got the book a couple weeks ago and have recently finished reading it (well, as much as you can "read" a book like this - i read all the text up until it started being mostly just instructions and forms). it's very easy to understand and i'm eager to get started filling out the paperwork. the book and this forum are definitely helping me with the confidence and courage to file pro se!

[AreSoonParted]

I ordered the online version of the book. I still plan to use a lawyer with the bk, but this book gave me so much information I will be much more focused, and know what questions to ask, stratigies to suggest etc....It's well worth the money. My first visit with a lawyer was, I have come to realize, a complete waste of time....although I didn't realize it at the time.

I live in a small town about an hour away from Denver, so there's not a ton of BK attorneys available...This book will help me keep them honest.

[monlyba]

cool - thanks! i am loving this forum.

[anonymuse]

Here is a link to the U.S. Court Bankruptcy Forms data enabled forms:

http://www.usdoj.gov/ust/eo/bapcpa/defs/index.htm

There are PDF files that allow you to "fill-in" the blanks--one problem, you can't save the information if you use the regular Adobe Acrobat PDF Viewer. Instead, get something like CutePDF form filler that allows you to fill-in AND save the forms as you are working on them:

http://www.cutepdf.com/Products/CutePDF/Filler.asp

[monlyba]

i just got this book - i ordered it from Amazon and it was just under $19. i don't have a typewriter either... i didn't think about that. i hope i can figure out a way to get the forms online where you can type and print them.

[littlered1003]

Nolo Download

If you download the nolo book from their website can you type the info on the forms from your computer. I was thinking about buying the book,however I don't have a typewriter.

[anonymuse]

Go to http://www.allsolutionsnetwork.com/PM/PM45579/. From there you will find links to free bankruptcy forms, commonly asked questions, and a free bankruptcy manual.

Everyone knows that there are free ways out there, but when this book was recommended by the courts here for pro se filing, it is a good alternative for people that don't have internet access (plus a lot of stuff on the internet is out of date) and/or want to have one organized source to step them through a lot of issues. It doesn't intend to be a substitute for legal representation; however, we all know that not everyone can afford that. Still very few sources have a line by line guide for filling out the paperwork.

I have no ties to NOLO; however, have just found it an excellent resource and wanted to share the coupon code as well. While other companies wanted to make the fast buck and get their new books out right when the laws changed, NOLO waited until a few months ago to release this book to make sure they could see how the new laws flushed out and so they could incorporate changes in forms. It's just a recommendation--take it or leave it.

[PM1974]

Go to http://www.allsolutionsnetwork.com/PM/PM45579/. From there you will find links to free bankruptcy forms, commonly asked questions, and a free bankruptcy manual.

[anonymuse]

I just ordered a copy. Right now, it's only showing a paperback version, but maybe they'll have a downloadable version also.

I found a coupon code for 25% off--basically wiped shipping charges away.

BizDev-HALT website-25 percent OFF A260 Coupon 25% off

[anonymuse]

Nolo puts out an excellent set of BK books and now has their Chapter 7 book updated with the new laws (the Ch 13 books is not ready yet):

How to File for Chapter 7 Bankruptcy
by Attorney Stephen R. Elias, Attorney Albin Renauer & Attorney Robin Leonard

http://nolo.com/product.cfm/ObjectID/F87C0B36-D2FB-4FE2-801B76AD0792C01A/catid/462A9501-9B21-4E09-A08C5A7B8AF51A79/213/161/

There is also a sample chapter at that link.

Summary

Your step-by-step guide through Chapter 7 bankruptcy.

Deciding to declare Chapter 7 bankruptcy has never been easy -- and recent changes in the law place fresh hurdles in the way of debtors seeking a fresh start.

Don't worry, help is here! How to File for Chapter 7 Bankruptcy provides the clear and user-friendly information, advice and forms you need to get through the entire process.

First, the book will help you determine whether you qualify for Chapter 7 -- and whether it is the best way to deal with your debts. Then you'll find out how to:

- stop wage garnishments and attachments
- fill out and file all the forms
- cancel as much debt as possible
- deal with secured debts
- keep the maximum amount of property
- keep your home, if possible
- rebuild credit after bankrutpcy

The 13th edition is updated and revised to reflect the latest laws and legal forms, plus the line-by-line instructions you need to fill them out. Easy-to-use charts make looking up the laws of your state a snap.

Please note: This book does not cover business bankruptcies, farm reorganizations or individual repayment plans (Chapter 13). For Chapter 13 bankruptcy, see Nolo's Chapter 13 Bankruptcy: Repay Your Debts.

Press ReviewsI've read the earlier versions for Ch 7 & 13; plus, "The New BK: Will It Work for You?" They help you step by step, line-by-line to fill out the forms. I was really impressed with the books. Well worth the $25!