Bankruptcy Deskbookguides you step-by-step through the bankruptcy laws and all chapters of the Bankruptcy Code. It clarifies the purpose, features, mechanics, advantages, and drawbacks of Chapters 7, 11, 12, and 13 in the era of BAPCPA. It also keeps you up-to-date on legal developments, analyzing recent Supreme Court, court of appeals, and bankruptcy court decisions. With its practical guidance, the book enables you to help clients achieve fair remedies and ensure the prevention of legal problems along the way.
Some of the important new developments discussed in this release include:
- A court ruling regarding whether proper completion of Official Form 105 satisfies the minimum pleading requirement for an involuntary petition in the face of a debtor’s motion to dismiss for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure (see Section 3:5).
- A circuit split as to whether the Supreme Court ruling in BFP applies to tax foreclosures conducted in accordance with state law (see Section 6:4.3).
- A Sixth Circuit decision in which the court considered the adoption of a six-month look-back rule that would permit a debtor to continue making post-petition voluntary contributions to a retirement account at the same level that was contributed during the six months prior to the petition (see Section 13:3).
- Recent case law on various elements of a subchapter V case, on which courts are not in full agreement (see Section 11:12.2).
Additionally, the deskbook’s chapters are supplemented with discussion of recent rulings on jurisdiction, avoidance of powers, automatic stays, distribution of estate property, claims and interests, discharge and dischargeability of debt, employment of professionals, Chapter 7, Chapter 11, Chapter 13, and other topics.
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