I have written a doctoral dissertation that I hope to publish as a book. I have huge credit card debts, and am considering filing for bankruptcy. When I talked with a paralegal about the possibility of doing so, she asked me if I had any copyrighted works. In once sense, all works are copyrighted once they've been written, and I've asked my university to register me for a copyright, but as far as I know the copyright application is still pending. In court proceedings against delinquent debtors, can creditors demand that the court give them any copyrights owned by the debtor? Could a court give the copyright on my dissertation and thus what I hope will someday be a book to one or more credit card companies to which I owe money, if I don't file for bankruptcy or get rich enough very quickly to pay off lots of big bills?
No. BK law is quite black and white. If you have not been told that you have a copyright, then you don't - period. They cannot estimate what you "might" get if you did get one. Without those figures, they have nothing to work with. If you are CH13, you might have to report to the Trustee any addition *income*, if ever, and only prior to discharge. Ch7 - fugetaboutit! It is discharged so quickly that your copyright will still be pending! However, as always, I am not a lawywer. Consult one if you really want to know.
What are you doing seriously considering BK with good legal advise? That's crazy. If you are in that mucg trouble, I'd blow off a creditor and pay for a good lawyer instead.
For what it's worth (and it's not really relevant to the original question I posed, which I hope this thread will return to), the paralegal with whom I spoke is an employee of an attorney who is a former co-worker of a close friend and attorney. Since I have helped my friend on several past occasions, he is helping me with regard to the details of filing for bankruptcy, including by asking his former co-worker (whom he once assisted on an unrelated matter) to help me out with regard to bankruptcy (her area of specialty). And so she arranged for her paralegal to meet with me. If I file for bankruptcy, I will need to pay $250 to cover court fees. To say the least, this amount does not begin to compare with the size of my credit card debt. If only it were so. And yes, I do need advice from others, including those familiar with both law in my state and those from Creditnet having prior experience with bankruptcy issues.
When filing for BK, you only list assets of record. That is, if you are a party in any pending lawsuit, if you are awaiting the disposition of an estate, etc. etc. You do not list your possible intent to file a class action suit against Herr Ashcroft, nor do you list what you might expect from rich uncle Murgatroyd if he should pass away.
But current copyright law says that once you've written something, you own the copyright to it, even if you haven't yet received an official declaration to that effect. So arguably I have already received copyright protection for my dissertation, even though I have received no paperwork from the Library of Congress so indicating.
Your potential benefits from your "copyrighted" work product are inchoate,the same as being in rich uncle Murgatroyd's will.Until you actually receive benefits,or have benefits pending, (like a book contract,or an estate in probate) it is not a declarable asset. Now, if you MADE it a declarable asset by pledging future profits in exchange for current benefits, or borrowed $$ against the day rich uncle Murgatroyd kicked the bucket,then it MIGHT be considered as a collateral debt.
Unwise don't worry about your copyright unless you've signed a book contract. I currently have a copyright and have had several works published in the past, none of which was an issue in my recent bankruptcy. Don't however go out and try to find a publisher right away, at least not till the thing is discharged.
If I find a publisher for my dissertation, could this be used as evidence that I don't need to file for bankruptcy? I suppose I wouldn't know for sure whether this might be true unless the book had been published and selling copies for a while. But by then bankruptcy law might have changed to my detriment.
IF you found a publisher, and IF they signed a contract with you WITH an advance,then your work product would have changed it's status into an asset. (unless your copyrighted dissertation has a formula or invention that cures world hunger or eliminates the need for fossil fuels, I think you need not worry about it's potential value keeping you out of bankruptcy)
<I> What are you doing seriously considering BK with good legal advise? That's crazy. If you are in that mucg trouble, I'd blow off a creditor and pay for a good lawyer instead. Cable- I don't understand what you're asking. Shouldn't a person consider BK with good legal advice? marci </I> Marci, Ooops. My brain is faster than my fingers! I meant "without" good legal advise. Thanks for catching that. I think (and hope) most people understood what I meant.
Unwise, I don't know how much experience you actually have seeking a publisher, but getting an item published esp. a doctoral dissertation can be tough, even for seasoned PhD's, so I wouldn't sweat it too much. If you do file, wait a few months before seeking a publisher..it often takes months for publishers to get back to you, ...just to let you know they aren't interested.
