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.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

Bankruptcy Deskbook provides lawyers with practical assistance on how to achieve fair remedies while avoiding legal problems for clients in bankruptcy proceedings. This treatise covers the demands on Chapter 7 debtors, rules for Chapter 11 small business debtor, requirements for Chapter 13 individual debtors, compliance burdens placed on attorneys, while also keeping readers up-to-date on legal developments through the analysis of recent Supreme Court, court of appeals, and bankruptcy court decisions. It also provides step-by-step guidance through the bankruptcy laws, clarifying the purpose, features, mechanics, advantages, and drawbacks of Chapters 7, 11, 12, and 13 in the era of BAPCPA.

The new release includes updates to the following chapters:

• Chapter 6 discusses how the Eighth Circuit has followed the Second Circuit’s Post-Merit holding that an entity may immunize a transaction from attack by a trustee by employing a financial institution as its agent in connection with a leveraged buyout, an approach which has been criticized.
• Chapter 7 mentions the split of authority over whether Social Security benefits withheld by the IRS and credited against the debtor’s tax liability retain their exempt status when refunded.
• Chapter 9 breaks down the Supreme Court’s recent interpretation of section 523(a)(2)(A) to mean that nondischargeability “turns on how the money was obtained, not who committed fraud to obtain it.” As a result, where a debtor is held liable for a fraud committed by another— such as a partner or agent—the debt will be nondischargeable despite the debtor’s lack of deceit.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

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.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.