Bankruptcy Deskbook provides you with practical guidance to help clients achieve fair remedies and to ensure you avoid legal problems along the way. This treatise covers the demands on Chapter 7 debtors, rules for Chapter 11 small business debtors, requirements for Chapter 13 individual debtors and compliance burdens on attorneys — including strict certification requirements and fee-arrangement disclosure rules that, if unmet, can lead to harsh sanctions. This book guides you step-by-step through the bankruptcy laws, clarifying the purpose, features, mechanics, advantages, and drawbacks of Chapters 7, 11, 12 and 13 in the era of BAPCPA.
All chapters in this treatise have been updated in this release to incorporate the most recent case law affecting issues such as:
- Whether bankruptcy courts are bound by the “case-or-controversy” requirement that governs Article III courts.
- Whether suits between non-debtors that might diminish the estate are deemed to be “related to” the debtor’s bankruptcy.
- Whether an award of damages to remedy a stay violation is entitled to post-judgment interest.
- Whether the ruling in Bartenwerfer is to be limited to situations involving agency or partner relationships.
- Whether consolidation of an existing student loan satisfies the prepetition debt, creating a new post-petition debt that cannot be discharged without filing a new case.
- Whether the failure of a creditor to cast a written vote constitutes acceptance or rejection of a bankruptcy plan.
- Whether a settlement need be formally reduced to a writing to be approved by the bankruptcy court.
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PLI PLUS subscribers can access this title through their subscription.
