Personal Bankruptcy Laws for DUMmIES 2nd.pdf

Personal

Bankruptcy Laws

FOR

DUMmIES

‰

2 ND EDITION

by James P. Caher and John M. Caher

Personal Bankruptcy Laws For Dummies, 2nd Edition

Published by

Wiley Publishing, Inc.

111 River St.

Hoboken, NJ 07030-5774

www.wiley.com

Published simultaneously in Canada

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Library of Congress Control Number: 2005935153

ISBN-13: 978-0-471-77380-1

ISBN-10: 0-471-77380-8

Manufactured in the United States of America

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About the Authors

James P. Caher, a practicing attorney with 30 years of experience, is a nation-

ally recognized expert on consumer bankruptcies and authority on the

Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.

Jim coauthored, with his brother John, Debt Free! Your Guide to Personal

Bankruptcy Without Shame (Henry Holt, 1996) and two highly regarded books

for lawyers: Discharging Marital Obligations in Bankruptcy (LRP, 1997) and

Discharging Credit Card Debts in Bankruptcy (LRP, 1998).

In addition, Jim has published scores of articles for bankruptcy professionals

and is frequently called upon to analyze and interpret the complicated provi-

sions of the 2005 bankruptcy law. He was labeled the “online guru” by a

national legal weekly because of his regular appearances on the Internet as

an expert analyst on bankruptcy law. Jim also serves on the editorial board of

the American Bankruptcy Institute.

Jim graduated from Niagara University and then earned his law degree from

Memphis State University Law School, where he was a member of the Law

Review and recipient of the American Jurisprudence Award for Excellence in

the field of debtor-creditor relations. He filed his first consumer bankruptcy

case shortly after graduating in 1975. Jim lives and practices in Eugene,

Oregon.

John M. Caher is a legal journalist who has written about law and the courts

for most of his 25-year career.

Currently the Albany bureau chief for the New York Law Journal , John previ-

ously was state editor and legal affairs reporter for the Times Union of Albany,

New York. His legal reportage has won more than two dozen awards, including

prestigious honors from the American Bar Association, the New York State Bar

Association, the Erie County Bar Association, and the Associated Press.

John coauthored, with his brother Jim, Debt Free! Your Guide to Personal

Bankruptcy Without Shame (Henry Holt, 1996). He is the author of King

of the Mountain: The Rise, Fall and Redemption of Chief Judge Sol Wachtler

(Prometheus Books, 1998). In addition, John was the principal writer assist-

ing former U.S. Treasury Secretary William E. Simon in preparation of his

memoirs. Mr. Simon’s autobiography, A Time for Reflection, was published in

2003 by Regnery.

John is a 1980 graduate of Utica College of Syracuse University, where he

received his bachelor’s degree in journalism, and a 1993 graduate of

Rensselaer Polytechnic Institute, where he earned a master’s degree in tech-

nical communications/graphics. John lives in Clifton Park, New York.

Dedication

This book is dedicated to the memory of our parents, James C. and Dolores

Caher (a.k.a. “Big Jim and Fitz”), who died way before their time but left us

with their own life examples of personal responsibility, fairness, justice, affin-

ity for the underdog, basic decency, and common sense. It is also dedicated

to the five grandchildren they should have known and would have adored

and enjoyed beyond measure: Sean and Brendan Caputi of East Aurora,

New York, and Erin, Kerry, and Norah Caher of Clifton Park, New York.

Authors’ Acknowledgments

For the second edition of this book, just like the first, our respective spouses

Kate Donnelly and Kathleen Caher were there every step of the way with

their love, support, and encouragement.

Also for the second edition of our book, just like the first, Michael J. O’Connor

took time from his busy law practice to offer expert analysis of our effort.

Mike, an outstanding bankruptcy attorney in his own right and prominent

partner in O’Connor O’Connor Mayberger & First PC in Albany, New York, has

always been there when we needed him, and we would like to publicly

acknowledge our humble appreciation for his efforts.

We also acknowledge the continuing dedication of our long-time agent, Sheree

Bykofsky of Sheree Bykofsky Associates in Manhattan, and the insights of the

talented folks at Wiley Publishing who made this come together, especially our

project editor, Kelly Ewing, and acquisitions editor, Stacy Kennedy.

Publisher’s Acknowledgments

We’re proud of this book; please send us your comments through our Dummies online registration

form located at www.dummies.com/register/ .

Some of the people who helped bring this book to market include the following:

Acquisitions, Editorial, and

Media Development

Project Editor: Kelly Ewing

(Previous Edition: Marcia L. Johnson)

Acquisitions Editor: Stacy Kennedy

General Reviewer: Michael J. O’Connor

Editorial Manager: Michelle Hacker

Editorial Supervisor and Reprint Editor:

Carmen Krikorian

Editorial Assistants: Hanna Scott, Nadine Bell

Cartoons: Rich Tennant ( www.the5thwave.com )

Composition Services

Project Coordinator: Jennifer Theriot

Layout and Graphics: Andrea Dahl,

Stephanie D. Jumper, Barry Offringa

Proofreaders: Leeann Harney, TECHBOOKS

Production Services

Indexer: TECHBOOKS Production Services

Publishing and Editorial for Consumer Dummies

Diane Graves Steele, Vice President and Publisher, Consumer Dummies

Joyce Pepple, Acquisitions Director, Consumer Dummies

Kristin A. Cocks, Product Development Director, Consumer Dummies

Michael Spring, Vice President and Publisher, Travel

Kelly Regan, Editorial Director, Travel

Publishing for Technology Dummies

Andy Cummings, Vice President and Publisher, Dummies Technology/General User

Composition Services

Gerry Fahey, Vice President of Production Services

Debbie Stailey, Director of Composition Services

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