Table Of ContentConsumer 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.
