New Bankruptcy Code: Cases, Developments, and Practice Insights since BAPCPA / Edition 2

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This new Second Edition of The New Bankruptcy Code reports on the changes Congress made to bankruptcy laws in 2005 by taking a look at reported case law, unreported cases, and pulled orders, and also offers answers to commonly-asked questions. This essential guidebook, written in an engaging question and answer format, is a must-have for practitioners in the trenches.

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Product Details

  • ISBN-13: 9781590318706
  • Publisher: American Bar Association
  • Publication date: 2/25/2008
  • Edition number: 2
  • Pages: 672
  • Product dimensions: 7.13 (w) x 10.14 (h) x 1.32 (d)

Table of Contents

Introduction     V
About the Book     VII
Issues     1
What is a health care business under [section] 101 (27A)?     1
What are the credit counseling requirements for individual debtors?     2
Issues     9
Did Congress say what it meant to say in [section] 362 (c)(3)?     9
What are the consequences of serial filings on termination of the automatic stay?     14
What happened to the automatic stay?     19
Issues     23
Are attorneys debt relief agencies under BAPCPA?     23
Are Chapter 7 debtors with primarily business debts exempt from filing official form B22A?     31
Which [section] 521(a) deadline controls?     32
Does [section] 521(e)(2) require a trustee to file a motion to dismiss for technical non-compliance?     34
Can a debtor be exempt from the [section] 521(e)(2) tax return requirement?     37
Did BAPCPA eliminate the "Ride-Through Option?"     38
Does BAPCPA bless "Ipso facto" clauses?     40
Exactly what rights does [section] 521 confer on creditors?     40
Did Congress say what it meant in [section] 521(i)?     41
Are debtors in "Opt-Out" states still subject to the exemption limitation contained in [section] 522?     46
What is "equity" in relation to a [section] 522 homestead exemption?     52
What constitutes an "Intent to Hinder, Delay, and Defraud" in the context of [section] 522?     55
Issues     57
Can a debtor include monthly payments he does not intend to pay in order to pass the means test?     57
What constitutes "special circumstances" sufficient to rebut the means test?     61
If a debtor passes the mean test, is she home free?     62
The IRS Standards: cap or fixed deduction amount?     65
The 401(k) loan repayment obligation: to deduct or not deduct     67
What are the consequences of failing to complete a personal financial management course?     69
Issues     73
When can a court approve bonus payments to employees?     73
Kerp Orders
Does the Revised Code require the creditors' committee disseminate material non-public information?     218
Access to Information Orders
Utilities Orders
What is adequate assurance for utility companies?     281
Does [section] 1112 set forth the exclusive basis for dismissal of a case?     317
Issues     319
Does a Chapter 13 debtor have to file pre-petition tax returns before the [section] 341 meeting even if a particular tax return is not yet due?     319
Under what circumstances are payments to certain benefit plans not included in disposable income that must be used for Chapter 13 plan payments?     320
After a Chapter 13 confirmation hearing, is it too late to object to claims?     321
When can a debtor who has filed multiple cases obtain plan confirmation by showing his petition was filed in good faith?     322
What is the effect of the "hanging paragraph" of section 1325(a)(9)     324
How is projected disposable income calculated?     338
What expenses are "reasonably necessary" in determining what money a debtor has available to make plan payments?     344
Can Chapter 13 debtors cut short the plan period of [section] 1325(b)(4) by paying the amount they would have paid over the plan period?     347
How does the section 1326 requirement of adequate protection for secured creditors operate?     350
Is a pre-petition judgment necessary for the debt to be nondischargeable under section 1328??     352
Are the provisions lengthening the time in which a debtor must wait for a subsequent discharge constitutional?     353
How do the time periods of section 1328(f) operate?     354
Issues     357
When is Chapter 15 relief available?     358
When should a court recognize a foreign proceeding as a main proceeding rather than as a nonmain proceeding?     358
Can a debtor cause a U.S. court to enforce a foreign claims resolution procedure?     360
Is an adversary proceeding required under [section] 1521(e) to seek a permanent injunction?     361
New Deadlines     363
New Forms     371
Update of Additional Cases     653
About The Author     663
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