- Instructor: Attorney Bob Schaller
- Lectures: 8
Categories: 341 Meeting of Creditors, alternatives to bankruptcy, Automatic Stay, Bankruptcy Code, Bankruptcy Practice, Bankruptcy Rules, Chapter 11, Chapter 13, Constitution, Discharge, Eligibility, Expenses, Income, Injunction, Means Test, Meeting of Creditors, Regulations, Section 341 Meeting of Creditors, Statutes, Stay, Timeline, Trustee, U.S. Trustee, Unexpired Leases
Understanding the Bankruptcy Process
Studying these courses should help any attorney feel more competent to file his/her first Chapter 7 bankruptcy case. Attorneys who embrace these courses will be able to better understand the Chapter 7 legal requirements, anticipate bankruptcy issues, and carefully prepare the required petition, schedules, and statements. Attorneys will also be able to help their financial troubled clients by:
- Offering a timeline to manage client expectations.
- Explaining the bankruptcy process to the client.
- Advising whether a client is eligible for Chapter 7 relief.
- Providing a client with a realistic outcome forecast.
- Advising a client whether Chapter 7 relief is the best chapter to seek relief.
- Identifying which assets are “exempt” from liquidation and which assets may be sold by the Chapter 7 standing trustee.
- Specifying which debts can be discharged and which debts survive the bankruptcy.
- Advising a client whether the client’s home can be retained after filing bankruptcy.
- Advising a client whether the client’s vehicle or other personal property can be retained after filing bankruptcy.
Related Courses
BK 106: Schedule G – Executory Contracts and Unexpired Leases
Schedule G: Executory Contracts and Unexpired Leases. Every Chapter 7 debtor must file a schedule of executory contracts and unexpired leases. Bankruptcy Rule 1007(b)(1)(C). This chapter focuses on the listing of debtor’s executory contracts and unexpired leases. What makes a contract an “executory” contract? An executory contract in the bankruptcy context has…
BK 108: Schedule I – Income
Schedule I: Income. Every Chapter 7 debtor must file a schedule of current income, commonly called Schedule I. 11 U.S.C. § 521(a)(1)(B)(ii); Bankruptcy Rule 1007(b)(1)(B). As discussed below, this statement reveals the debtor’s actual monthly income from all sources of income as of the petition date. Current income includes income from all…
BK 109: Schedule J – Expenses
Schedule J: Expenses. Every Chapter 7 debtor must file a schedule of current expenses, commonly called Schedule J. 11 U.S.C. § 521(a)(1)(B)(ii); Bankruptcy Rule 1007(b)(1)(B). Current expenses include actual expenses for rent, mortgages, utilities, food, clothing, medical and dental care, transportation, insurance, taxes, vehicle expenses, etc. Like the other schedules, Bankruptcy Rule…
BK 113: Statement of Your Current Monthly Income
Statement of Your Current Monthly Income. Every Chapter 7 debtor must file a statement of current monthly income. 11 U.S.C. § 521(a)(1)(B)(v). A better term for this statement would have been average monthly income. As discussed below, this statement reveals the average monthly income from all sources of income during…
BK 114: Statement of Means Test Calculation
Statement of Means Test Calculation. Every Chapter 7 debtor must file Official Form 122A-2, Chapter 7 Means Test Calculation when his/her annualized average monthly income (as calculated in Part 1 of Official Form 122A-1, Chapter 7 Statement of Your Current Monthly Income) exceeds the state’s median annual income for households of…