Table Of Content

Consumer Bankruptcy Law This practical and invaluable textbook covers the principles and practice of U.S. consumer bankruptcy law, known as Chapter 7 and Chapter 13, for paralegals and legal studies students. Consumer Bankruptcy Law provides step-by-step guidance on handling a bankruptcy case, from client interviews to preparing and filing the bankruptcy petition, as well as the issues which may arise after. Featuring practical examples throughout, the book ensures that you will become familiar not only with core legal concepts but also with the real-life issues and pitfalls that can occur. Screenshots of how to complete a bankruptcy petition are featured, along with flowcharts of the processes of consumer bankruptcy law in the U.S. and exercises to test your knowledge at the end of each chapter. Including online resources for both students and instructors to benefit from, such as multiple-choice questions and PowerPoints summarizing each chapter, Consumer Bankruptcy Law: A Practical Guide for Students and Professionals will be an indispensable resource for anyone engaging in this important area of legal practice. Alexander Hernandez earned his Bachelor and Master of Science degrees in Criminal Justice from Florida International University, USA, and Juris Doctor degree from Nova Southeastern School of Law, USA. His teaching career began at Millennia Atlantic University in 2013, where he taught Business Law I and II and received the honor of being the highest- ranked professor by students. Alexander teaches Family Law Practicum and Community Property at Concord Law School and is currently developing their bankruptcy course. He also teaches Bankruptcy Law in English and Spanish at Marconi International University and is developing their business law course. At the University of California at Riverside, he teaches the Paralegal Studies Program. He also teaches criminal justice and political science courses for Central State University and is a legal writer at Upsolve. org . Before teaching, he practiced law as a sole practitioner for more than two decades. Consumer Bankruptcy Law A Practical Guide for Students and Professionals Alexander Hernandez Cover image: courtneyk (Getty Images) First published 2022 by Routledge 4 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 605 Third Avenue, New York, NY 10158 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2023 Alexander Hernandez The right of Alexander Hernandez to be identified as author of this work has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Disclaimer: all attempts have been made to contact the copyright holders of Best Case®. Educators can download software as a demo here: https://www .bestcase .com / education -main/ Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data Names: Hernandez, Alexander (Lawyer), author. Title: Consumer bankruptcy law: a practical guide for students and professionals / Alexander Hernandez. Description: Abingdon, Oxon; New York, NY: Routledge, 2022. | Includes bibliographical references and index. | Identifiers: LCCN 2022002901 | ISBN 9781032066615 (hardback) | ISBN 9781032064697 (paperback) | ISBN 9781003203278 (ebook) Subjects: LCSH: Bankruptcy–United States. | United States. Bankruptcy. Chapter 7, Liquidation. | United States. Bankruptcy. Chapter 13, Adjustment of debts of an individual with regular income. | LCGFT: Textbooks. Classification: LCC KF1524.85 .H47 2022 | DDC 346.7307/8–dc23/eng/20220526 LC record available at https://lccn.loc.gov/2022002901 ISBN: 978-1-032-06661-5 (hbk) ISBN: 978-1-032-06469-7 (pbk) ISBN: 978-1-003-20327-8 (ebk) DOI: 10.4324/9781003203278 Typeset in Bembo by Deanta Global Publishing Services, Chennai, India Access the Support Material: www .routledge .com /9781032064697 To Anny. Your unwavering support got me here. I’m forever indebted to you. Contents Acknowledgments ix Introduction: The Need for Paralegals and the Future of Consumer Bankruptcy Law 1 1 The History of Bankruptcy Law 5 2 Overview of the Bankruptcy Code 13 3 Summary of Chapter 7 versus Chapter 13 30 4 The Court System and the Bankruptcy Rules and Procedure 40 5 “Well, How Did I Get Here?” 50 6 Office Protocols and Contact with the Client for the First Time 58 7 The Bankruptcy Intake 66 8 Bankruptcy Intake Continued 90 9 Bankruptcy Intake: Employment, Income, and Expenses 113 10 Liabilities 118 11 Required Documents 126 12 The Bankruptcy Petition 139 viii ContentS 13 Assets and Liabilities 162 14 Schedules A/B: Personal Property and C: Exemptions 174 15 Schedules of Secured and Unsecured Creditors 195 16 Schedule I: Income 217 17 Schedule J: Expenses 238 18 Statement of Financial Affairs 252 19 Statement of Intention for Individuals Filing Under Chapter 7 268 20 Statement of Current Monthly Income 273 21 Means Testing Official Form 122A-2 284 22 Chapter 13 Basics 299 23 The Chapter 13 Plan 308 24 Chapter 20 Bankruptcy: Strategies, Winning by Losing, and Financial Purgatory 326 25 Filing a Bankruptcy Petition 332 26 Post-Petition Filing 342 27 The 341 Meeting of Creditors: Before, During, and After 352 28 Forms 363 Answers to End of Chapter Questions 412 Index 425 Acknowledgments I wish to thank Russell George for his faith in this project and the kind staff at Routledge. Without your hard work and dedication, not only would this page not exist, but neither would this book. I look forward to one day crossing the pond to thank you all in person.