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Title: If I Can


1
If I Cant Balance My Checkbook, How Can I Help
You Balance Yours?
  • Jerry Bauerkemper, BS,CCGC
  • Executive Director
  • Nebraska Council on Compulsive Gambling
  • Email Exnccgjb_at_aol.com

2
About the Presenter
Jerry Bauerkemper, BS, CCGC Executive Director
of the Nebraska Council on Compulsive
Gambling Jerry Bauerkemper, BS, CCGC is the
Executive Director of the Nebraska Council on
Compulsive Gambling Mr. Bauerkemper was the
first director of problem gambling for the state
of Nebraska. He is an internationally recognized
trainer on Problem Gambling. He received the
First Step award for his work with Gamblers.
3
GAMBLE
  • To play for money to risk, especially by
    financial speculation to lose or squander in
    speculative ventures a risking undertaking, a
    reckless speculation.
  • -Websters Dictionary

4
You Just Won the LotteryTake several minutes
and write down what you would do with Lottery
winningsRecovering gamblers skip this
assignment
5
How did you feel doing the assignment
  • Did you have pleasant thoughts?
  • Did you get excited?
  • Did you have negative anxious thoughts?
  • Welcome to the world of the gambler!

6
If I Cant Balance My Checkbook, How Can I Help
You Balance Yours?
  • Money vs Action
  • -Gamblers Never Lose
  • -Time Money Opportunity to Gamble

7
Whats money got to do with it?
  • EVERYTHING

8
The reason we should talk about money.
  • 73 of Americans report that money issues are
    their 1 stressor ahead of work, physical health,
    and children.
  • American Psychological Association Survey, March
    31, 2004

9
Results from Gamblers Focus Groups
  • Gamblers wanted to talk about money the first
    session
  • Gamblers and family members were very concerned
    about referrals/support group confidentiality
  • Counselors need an understanding and a
    willingness to work on debt

10
A Brief Money Exercise
  • 1. People with money are
  • 2. When I have money, I usually
  • 3. My Dad thought money was
  • 4. My Mom thought money was
  • 5. If I could afford it, I would.
  • 6. Money makes people
  • 7. To have more money, I need to.
  • 8. In my family, money always caused

11
A Brief Money Exercise
  • 9. If I had more money, Im afraid I would
  • 10. Money is
  • What else do you know about money as a result of
    the life you have lived so far?
  • --Open for discussion
  • www.1800betsoff.org Tool Chest Brian H. Farr,
    LPC

12
What does money mean to the problem gambler
and/or family member?
  • Have the client define
  • Money
  • Values
  • Beliefs

13
DSM V
  • How many of the criteria have to do with money
    and finances?

14
Diagnostic Criteria DSM V
  • Persistent and Recurrent Maladaptive Gambling
  • 1. Preoccupied with gambling-past experiences,
    handicapping, planning next venture, planning
    ways to get money to gamble.
  • 2. Needs to gamble with increasing amounts of
    money in order to achieve desired excitement.
  • 3. Has repeated unsuccessful efforts to control,
    cut back or stop gambling.
  • 4. Is restless or irritable when trying to cut
    down or stop gambling.
  • 5. Gambles as a way to escape problems or
    relieve dysphoric mood e.g., guilt, helplessness,
    anxiety, depression.

15
Diagnostic Criteria DSM V
  • 6. After losing money returns to get even or
    Chasing ones losses.
  • 7. Lies to family, therapist or others to
    conceal the extent of involvement with gambling.
  • 8. Jeopardized or lost a significant
    relationship, job, or educational or career
    opportunity because of gambling.
  • 9. Relies on others to provide money to relieve
    a desperate financial situation caused by
    gambling (Bailout).
  • B. Gambling is not better accounted for by a
    Manic Episode.

16
I dont want to be a Financial Counselor
  • Majority of work done by client
  • Do this in steps not all at once
  • Homework is best
  • Spend 15-20 minutes per session for 5 weeks
  • Spend 5 minutes per week after the budget made
  • Family recovery based on family buy in

17
I dont want to be a Financial Counselor
  • Week 1 send home Assets and liabilities form
  • Week 2 send home snapshot form
  • Week 3 Send home budget planning form
  • Week 4 review budget plan
  • Week 5 Concentrate on bills you can help reduce
    or eliminate based on priorities

18
Step 1
  • Divide a piece of notebook paper in half
  • Top half Write Assets Explain it as income
    sources
  • Bottom half write Liabilities Explain it as
    bills and who you owe
  • Send this home with them to begin to identify who
    and what they owe

19
Step 2SNAPSHOT Your Average Month
  • Date ______________
  • EXPENSES (Money Moving Out) EACH MONTH
  • Rent/Mortgage/Property Tax/Home Insurance
    ________________
  • Home Repairs and Maintenance (Average)
    ________________
  • Auto Payments and Auto Insurance
    ________________
  • Groceries and Household Supplies (Average)
    ________________

20
SNAPSHOT Your Average Month
  • Medical/Dental/Therapy/Prescriptions (Average)
    ________________
  • Insurance Premiums (Medical, Disability, Life)
    ________________
  • TOTAL MONTHLY EXPENSES ________________
  • Information provided by Brian H. Farr, MA, LPC,
    NCGC-II
  • www.1800betsoff.org www.bhfarr.com

21
Step 3 Budget planning form
  • Expense Item
  • How Much
  • How Often
  • Monthly Amount

22
First Budget Planning formclients write down
expenses
  • Housing
  • Rent, mortgage
  • Insurance
  • Taxes
  • Electricity
  • Gas
  • Water
  • Sanitation

23
Automobile
Payment 1
Payment 2
Insurance
Gas
Maintenance
License/Taxes
Other
Other Transportation
Insurance
Life
Medical
Other
Financial Planning
Savings
Investments
Retirement
College Savings
24
Food
Groceries
School lunches
Eating out
Other
Debts
Credit Card 1
Credit Card 2
Credit Card 3
Loan
Other
Other
25
Debts
Credit Card 1
Credit Card 2
Credit Card 3
Loan
Other
Other
Medical
Doctor
Doctor
Dentist
Prescriptions
Other
26
Children
Tuition
Child Care
Activities/Sports
Babysitter
Academic materials
Hair cuts
Clothing
Allowance
Child support paid out
Other
Other
27
Recreation/Entertainment
Activities
Vacations/Trips
Subscriptions
Club Membership
Other
Adults
Barber
Beauty Salon
Clothing
Cell phone
Alimony paid out
Toiletries
Cosmetics
Union/Club dues
Counseling/Therapy
Other
Other
28
Miscellaneous
Pet Food
Pet Care
Cleaning supplies
Laundry supplies
Paper goods
Postage
Film/Photos
Other
Other
Gifts
Monetary donations
Christmas/Holiday
Birthdays/Anniversaries
Cards
Other
Other


29
Income Source
Primary Employment
Secondary Employment
Inheritance
Child Support
Alimony
Disability
State Assistance
Property Income
Spouse or S.O.s Income
Donations/Gifts
Other
Other
Total Income

Minus Expenses

Total amount available for repayment
30
List of Creditors This sheet is to compile the
list of bills that are not regular monthly
expenses which would go on your Expense Sheet.
Here, list all other onetime bills in the
following order 1) Bad checks or debts for
which you may be prosecuted, 2) Court ordered
judgments, 3) Credit Unions, 4) Bank or
Finance Company loans, 5) Back Taxes, 6) Credit
Cards, 7) Bookmakers and loan sharks, 8) Family
and Friends, 9) Other
Creditor Name Balance Owed Payment Due Monthly Payment Months in Default Co-Signer





31
Step 4Review budget planning form
  • exnccgjb_at_aol.com
  • Email and ask for word documents of all following
    forms

32
Creating a Realistic Spending Plan
  • Write out a plan
  • List monthly sources of income
  • List extra sources of income
  • List basic monthly household expenses

33
Spending Plan-Step 1Identify Income Sources
  • Wages after taxes (Others)
  • Investment income (dividends, interest, etc.)
  • Social security
  • Welfare payments
  • Child support/alimony payments
  • Other
  • Wages after taxes (Gambler)
  • Tips/Commissions (Average each month)
  • Pension/Retirement plan benefits
  • Unemployment benefits
  • Food stamps
  • Trust fund

www.1800betsoff.org Tool Chest http//www.fool.
com/personal-finance/general/2007/08/28/budgeting-
101.aspx Motley Fool website
34
Spending Plan-Step 2List Expenses
  • Rent/mortgage payment, groceries (average),
    utilities (average), telephone, home
    maintenance/repair (average), savings, clothing
    (average), car payment, car insurance/gas/repairs
    (average), other transportation, life/medical
    insurance premiums (average), homeowners/renters
    insurance, medical bills (average), child care,
    gamblers allowance, loans/credit card payments,
    taxes, entertainment (average), cable TV, meals
    out (average), sports activities/events
    (average), charitable contributions, gifts
    (average), cigarettes/alcohol (average), long
    distance telephone (average), travel/vacations
    (average), gambling debts (this guide will
    explain later why this should be a low priority),
    other
  • Total Expenses ____________________

35
Determine the Amount of Debt and List Creditors
  • Car loans
  • Credit Cards
  • Home equity loans or second mortgages
  • Furniture loans
  • Department stores
  • Payday loans
  • Bank loans
  • Medical bills
  • Utility bills
  • Back taxes
  • Child support
  • Education loans

36
Spending Plan-Step 3Compare Income/Expenses
  • Total Income from Step 1 ___________
  • Total Income from Step 2 ___________
  • Subtract expenses from Income __________

37
Spending Plan-Step 4Make Adjustments
  • If there is not enough income to cover expenses,
    you have three choices
  • Earn additional income, such as through a second
    job or a better paying job
  • Reduce expenses
  • Reduce expenses and boost income
  • Income and expenses change over time. Review the
    spending plan every few months and make
    adjustments if necessary

38
Monthly Financial Report
Gross Income
Salary
Dividends/Interest
Other
LESS
1. Giving
2. Taxes
NET SPENDABLE INCOME
39
Identifying Assets and Sources of Income
  • Items missing from the house
  • Furniture
  • Appliances
  • Other valuables that could have been sold for
    cash
  • A check from an insurance company to pay for
    property damage (such as roof or car)
  • Ignoring financial obligations, such as quarterly
    estimated tax payments
  • Is there a chance the gambler may try to sell
    personal assets through an on-line auction?

40
Budget Creation Continued
3. Housing Amount
Mortgage/Rent
Insurance
Taxes
Electricity
Gas
Water
Sanitation
Telephone
Maintenance
Other
41
Budget Creation Continued
4. Food Amount
School Lunch
Groceries

5. Automobiles
Payments
Gas
Insurance
License/Taxes
Maintenance
Other Transportation
Other
42
Budget Creation Continued
6. Insurance Amount
Life
Medical
Other

7. Debts
Credit Cards
Loans
Other



43
8. Recreational amount Needed?
Eating Out
Activities
Trips/Vacations
Subscriptions
Cable
Internet
Club memberships
Babysitter
Other
44
Budget Creation Continued
9. Clothing Amount Needed?
Adults
Children

10. Financial Planning
Savings
Investments
Retirement
College Savings

45
Budget Creation Continued
11. Medical Amount Behind?
Doctors
Dentist
Prescriptions
Counseling/Therapy
Other

46
Budgeting Monies For Gambling Treatment
  • The treatment of a gambling addiction can be
    difficult, time-consuming, and costly. Most
    medical insurance policies and managed care
    providers dont pay for the treatment. Some
    health plan carriers pay for treatment only if
    the patient suffers from additional disorders
    such as alcoholism, drug addiction, or
    depression. Consequently, the gambler may need to
    pay for treatment out of his or her pocket and
    this must be factored into the budget.
  • Gambling clients may ask you to reduce fees
    because of financial problems. Experts commonly
    recommend that therapists no reduce fees as this
    is seen as another form of bailout.

47
Budget Creation Continued
12. Miscellaneous Amount
Pet Food/Care
Cleaning Supplies
Paper/Plastic goods
Laundry and supplies
Postage
Film/Photos
Hair Care
Toiletries/Cosmetics
Other
Other
48
Budget Creation Continued
13. Children Amount
Child support paid out
Tuition
Child Care
Activities/Sports
School Materials
Allowance
Other
Other
49
Budget Creation Continued
14. Adults Amount
Alimony paid out
Union/Club dues
Cell Phone
Allowance
Other
Other

15. Gifts
Monetary Donations
Christmas/Holidays
Birthdays/Anniversaries
Cards
Other
50
Budget Creation Continued
15. Gifts Amount
Monetary Donations
Christmas/Holidays
Birthdays/Anniversaries
Cards
Other

51
Final stage of Budget
Total Expenses Amount


INCOME VS. EXPENSES
Net Spendable Income
Less Expenses
TOTAL

Child support received
Alimony Received
Unallocated Surplus

Adjusted Total
52
Step 5 Prioritize bills to be paid off
  • Concentrate on emergency needs first (mortgage,
    electric bill, gas, childcare)
  • Second medical and auto insurance needs
  • Third high interest loans (credit cards cash
    advance)
  • Fourth Friends and family
  • Fifth Illegal loans etc

53
Important Questions
  • Do you have any legal charges pending or fear of
    possible charges, i.e. insufficient fund checks,
    kited checks, advanced checks, theft,
    embezzlement, drug charges, forgery, credit card
    theft, insurance fraud, DWI, back child support,
    assault?
  • A Chance for Change Book 5 Florida Council on
    Compulsive Gambling

54
Important Questions (cont.)
  • Outstanding Debt
  • Mortgages, 1st, 2nd, 3rd
  • Life Insurance
  • Credit Card Debt
  • Utilities
  • Car Payments
  • Child Support
  • Business Loan

55
Important Questions (cont.)
  • Outstanding Debt
  • Friends Family
  • Bookies
  • Check Advance
  • Gambling Establishments
  • Collection Agencies
  • Courts, Fines, Restitution

56
Internet Gambling, Credit Reports
  • Is there a computer in the house thats hooked up
    to the Internet? Web browsers, the software that
    allows the user to navigate the Web, contain a
    record of what Web sites were recently visited. A
    check of Web browsers might reveal on-line
    gambling.
  • Credit reports can be obtained from one of three
    credit bureaus
  • Equifax (800) 685-1111
  • Experian (888) 397-3742
  • Trans Union (800) 645-1933
  • http//www.ftc.gov/freereports
  • https//www.annualcreditreport.com/cra/index.jsp

57
How to reduce credit card offers
  • Call 1-888-567-8688 and ask for your name to be
    removed from the mailing list.

58
Possible Immediate Financial Actions
  • Working With the Loved One
  • Provide an overview of the strategies problem
    gamblers might take.
  • Explain the possible financial consequences of
    continuing to gamble.
  • Ask the gambler to list his/her creditors and how
    much they are owed.
  • Have the non-gambler hide, cut up or cancel
    credit cards.
  • Have the non-gambler change the personal
    identification numbers.
  • Store valuables in a safe-deposit box.
  • Recommend that someone other than the gambler
    take over paying household bills.
  • Personal Financial Strategies for Loved ones
    SAMHSA's National Clearinghouse for ALCOHOL and
    DRUG INFORMATION P.O. Box 2345 .... Pueblo, CO
    81009 (800) 333-4636

59
How to Work Financially with the Problem Gambler
  • At a minimum, there are financial issues you
    should be
  • familiar with in order to help the gambler
    recover.
  • These actions include
  • Identifying income and assets the gambler can use
    to feed his/her habit
  • Establishing a spending plan
  • Shifting control of the finances to the
    non-gambler
  • Setting up a repayment plan for gambling and
    non-gambling debts
  • Avoiding bankruptcy
  • Deciding whether to have an investment program

60
Possible Immediate Financial Actions
  • The loved ones may have been bailing out the
    gambler on occasion by loaning him/her money to
    satisfy gambling debts.
  • Refusing bailouts not only slows or stops the
    financial bleeding, but may force the problem
    gambler to finally confront his/her addiction.

61
The Gamblers Stash
  • A stash is any source for cash that the problem
    gambler does not disclose to a spouse, partner,
    treatment professional, financial advisor, or
    others attempting to help the gamblers recovery.
    It might be cash stuffed in an unknown safe
    deposit box, an unreported credit card, pawned
    jewelry, unreported pay from work, a secret bank
    account, or individuals such as a loan shark.
    Income from a business the gambler owns,
    especially a business that deals a lot in cash
    can be easy to hide.

62
The Gamblers Stash
  • To uncover these stashes, begin by asking the
    problem gambler to tell you about them. Be firm
    and blunt. Jog the gamblers memory by
    suggesting places he/she may have hidden
    moneyjust in case the gambler cant remember.
    Emphasize that lack of cooperation and honesty
    will only make the financial and psychological
    recovery efforts more difficult. A loved one
    familiar with the gamblers finances also may be
    able to help the gambler remember.

63
Pay Your Monthly Bills SimplyThe Envelope Method
  • Manage your monthly payments with a simple system
    that keeps everything you need in one place.
    After you establish the system, you will find
    that paying your bills becomes more streamlined
    and less of a struggle.
  • Bill-Paying Kit (to keep everything you need in
    one place)
  • ? Some large manila envelopes labeled
  • Bills to be paid by the 10th
  • Bills to be paid by the 25th
  • Charge card receipts
  • Paid youll need a new Paid envelope for
    each month (or quarter).
  • ? Stamps
  • ? Blank envelopes and return address labels
  • ? Small calculator, pens, pencils, markers
  • ? Zip-Loc bag for keeping smaller items together
  • ? Basket, bag or folder that is large enough to
    hold all the items in your Kit
  • http//www.betterbudgeting.com/articles/money/budg
    etbuilding101.htm
  • http//financialsoft.about.com/od/glossaryindexe/f
    /Envelope_Budget.htm

64
Pay Your Monthly Bills SimplyThe Envelope Method
  • Bill-Paying System
  • On your calendar, write yourself reminders on the
    10th and the 25th of each month Pay Bills.
  • When you receive a bill or statement, open the
    envelope on the same day it arrives. Keep only
    the bill and the return envelope. Toss any
    offers, notices or other loose papers. Put the
    bill into the manila envelope labeled Bills to
    be paid by the 10th or Bills to be paid by the
    25th.
  • On the 10th of the month and the 25th of the
    month, take out your Bill-Paying Kit.
  • 1. Before you write this months check, look at
    the balance on the current bill or statement to
    verify that last months payment was credited to
    your account.
  • 2. Write the check, and write your account number
    on the face of the check to ensure that your
    payment will be properly credited.

65
Pay Your Monthly Bills SimplyThe Envelope Method
  • 3. Enter the check number and the payment amount
    into your check register.
  • 4. Write the payment amount, the check number and
    the date on the face of the bill or statement.
    Put the bill or statement into the Paid
    envelope for this month (or quarter).
  • 5. Put a stamp on the return envelope. Put the
    check and the return statement inside, making
    sure that the address shows in the envelope
    window.
  • 6. Put stamped envelopes in your coat pocket or
    on top of your briefcase or purse for mailing.
  • If you like technology and if you are
    comfortable with technology you may want to
    investigate electronic bill paying. Automatic
    deductions and/or Internet bill-paying can
    simplify financial paperwork. Of course,
    electronic bill-paying is not a good idea if your
    bank accounts are not stable, i.e., if you
    frequently have over-drafts.
  • Source ADD Friendly Ways to Organize Your Life,
    Judith Kolberg Kathleen Nadeau adapted by
    Brian H. Farr, MA, 2005 www.bhfarr.com

66
Tips On Cutting Expenses
  • Sticking to a shopping list
  • Shopping for bargains and sales
  • Comparing prices
  • Using coupons
  • Eating out less often
  • http//www.bellaonline.com/articles/art34742.asp

67
Additional Budgeting Tips
  • Recommend breaking larger periodic bills (i.e.
    auto insurance) into smaller monthly bills
  • Have a non-gambling significant other put that
    amount each month into savings account or cash in
    envelope
  • If an envelope is used, it should be hidden from
    the gambler
  • Advise gambler to use small notebook for tracking
    miscellaneous cash expenses (coffee, movie,
    etc.). Incorporate into spending plan
  • Have gambler mark on calendar when bills are due.
    Bills paid on time improve individuals credit
    rating and eliminate the expense of late payment
    charges

68
Limiting Gamblers Access To Money
  • Have a spouse, partner, parents, a trusted friend
    or relative, or a third party serve as a
    roadblock to the gamblers money
  • Can be as simple as putting the problem gambler
    on an allowance or as extensive as transferring
    legal control of all assets into the sole name of
    the trusted individual
  • Before taking drastic financial steps, encourage
    the family to seek professional financial, tax,
    and/or legal advise

69
Establish Controls For Paying Household Bills
  • Non-gambler assume management of daily household
    finances (includes payment of all bills). Gambler
    may assist, but only under supervision
  • Pay as many bills possible automatically through
    bank or credit union
  • Paychecks, social security, pension payments,
    etc. should be automatically deposited whenever
    possible
  • For checks that cannot be deposited
    automatically, the gambler should be encouraged
    to hand over the checks to a non-gambler to
    deposit into the appropriate accounts

70
Retirement Accounts
  • Gambler who raids retirement accounts for
    gambling funds subjects those withdrawals to
    income and penalty taxes
  • The money taken out can no longer grow tax
    deferred
  • Gambler may have to face the possibility that
    he/she can never afford to retire

71
Mortgage Refinancing Or Home Equity Loans
  • If gambler fails to repay the loan, he/she could
    lose the familys home
  • One way to reduce the risk is for the gambler to
    transfer ownership of the home so he/she doesnt
    have access to loan monies

72
Gambling Winnings
  • Any gambling winnings won while gambling in
    treatment should not go toward paying bills
  • Money should be put in childrens trust or
  • Money should be donated to charity
  • NO WINNINGS SHOULD CONTRIBUTE TO ALLIEVIATING
    GAMBLING PROBLEM

73
Repaying Gambling Debts
  • Debts may be a major cause of friction and worry
    in household
  • Relieving the debt burden can reduce the problem
    gamblers anxiety and guilt, and help in recovery
  • Debt repayment must be done in a way that is
    different from how a non-gambling household would
    normally reduce debt

74
Establish A Debt Repayment Plan
  • Avoid quick repayment of debts, especially
    gambling debts. Although this means higher total
    interest payments, it reminds the gambler of the
    nightmare that his/her addiction has created
  • Avoid loan consolidations or refinancing a home.
    This may embolden the gambler to return to
    betting and pile new debt on old
  • Some debts may require a higher priority than
    others. Some creditors may not accept reduced
    payments. Creditors with secured loans may
    threaten to repossess the property

75
Tax Issues
  • Problem gamblers often owe back income taxes,
    resulting in additional penalties and interest
    charges
  • Gamblers often underreport their income
  • Although the gambler ideally should have stopped
    gambling at this point, taxes may be owed on
    previous winnings. Unless gambler has carefully
    documented losses, he/she wont be able to write
    off losses against any wins
  • Money pulled out of tax-deferred retirement
    accounts to pay gambling debts is subject to
    regular income taxes. Younger than 59 ½ years
    will probably have to pay 10 penalty
  • Gamblers often underreport their income. If the
    IRS catches them, it will assess back taxes,
    penalties, and interest.
  • http//www.irs.gov/faqs/index.html tax questions

76
Declaring Bankruptcy Is A Last Resort
  • Chapter 13 http//www.uscourts.gov/FederalCourts/
    Bankruptcy/BankruptcyBasics/Chapter13.aspx
  • Any individual, even if self-employed or
    operating an unincorporated business, is eligible
    for chapter 13 relief as long as the individual's
    unsecured debts are less than 360,475 and
    secured debts are less than 1,081,400. 11 U.S.C.
    109(e). These amounts are adjusted periodically
    to reflect changes in the consumer price index. A
    corporation or partnership may not be a chapter
    13 debtor. Id.An individual cannot file under
    chapter 13 or any other chapter if, during the
    preceding 180 days, a prior bankruptcy petition
    was dismissed due to the debtor's willful failure
    to appear before the court or comply with orders
    of the court or was voluntarily dismissed after
    creditors sought relief from the bankruptcy court
    to recover property upon which they hold liens.
    11 U.S.C. 109(g), 362(d) and (e). In addition,
    no individual may be a debtor under chapter 13 or
    any chapter of the Bankruptcy Code unless he or
    she has, within 180 days before filing, received
    credit counseling from an approved credit
    counseling agency either in an individual or
    group briefing. 11 U.S.C. 109, 111. There are
    exceptions in emergency situations or where the
    U.S. trustee (or bankruptcy administrator) has
    determined that there are insufficient approved
    agencies to provide the required counseling. If a
    debt management plan is developed during required
    credit counseling, it must be filed with the
    court.

77
Chapter 7http//www.uscourts.gov/FederalCourts/Ba
nkruptcy/BankruptcyBasics/Chapter7.aspx
  • To qualify for relief under chapter 7 of the
    Bankruptcy Code, the debtor may be an individual,
    a partnership, or a corporation or other business
    entity. 11 U.S.C. 101(41), 109(b). Subject to
    the means test described above for individual
    debtors, relief is available under chapter 7
    irrespective of the amount of the debtor's debts
    or whether the debtor is solvent or insolvent. An
    individual cannot file under chapter 7 or any
    other chapter, however, if during the preceding
    180 days a prior bankruptcy petition was
    dismissed due to the debtor's willful failure to
    appear before the court or comply with orders of
    the court, or the debtor voluntarily dismissed
    the previous case after creditors sought relief
    from the bankruptcy court to recover property
    upon which they hold liens. 11 U.S.C. 109(g),
    362(d) and (e). In addition, no individual may be
    a debtor under chapter 7 or any chapter of the
    Bankruptcy Code unless he or she has, within 180
    days before filing, received credit counseling
    from an approved credit counseling agency either
    in an individual or group briefing. 11 U.S.C.
    109, 111. There are exceptions in emergency
    situations or where the U.S. trustee (or
    bankruptcy administrator) has determined that
    there are insufficient approved agencies to
    provide the required counseling. If a debt
    management plan is developed during required
    credit counseling, it must be filed with the
    court.
  • One of the primary purposes of bankruptcy is to
    discharge certain debts to give an honest
    individual debtor a "fresh start." The debtor has
    no liability for discharged debts. In a chapter 7
    case, however, a discharge is only available to
    individual debtors, not to partnerships or
    corporations. 11 U.S.C. 727(a)(1). Although an
    individual chapter 7 case usually results in a
    discharge of debts, the right to a discharge is
    not absolute, and some types of debts are not
    discharged. Moreover, a bankruptcy discharge does
    not extinguish a lien on property.

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Where to find forms
  • http//www.idph.state.ia.us/IGTP/Toolchest.aspx
  • Exnccgjb_at_aol.com (request financial forms
  • http//www.fool.com/personal-finance/general/2007/
    08/28/budgeting-101.aspx
  • Motley Fool website

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  • For more information contact
  • Jerry Bauerkemper
  • NCCG
  • 402-699-6810
  • Exnccgjb_at_aol.com
  • Nebraskacouncil.com
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