The Full Bankruptcy Package Table of Contents

 

THE ATTORNEY’S HANDBOOK on CONSUMER BANKRUPTCY AND CHAPTER 13

HARVEY J. WILLIAMSON

Attorney at Law

ARGYLE PUBLISHING COMPANY

CONTENTS:

Chapter One – ADVISING A CONSUMER DEBTOR

1.01 Analyzing a Debtor’s Financial Problem
1.02 The Nonbankruptcy Alternatives
1.03 Chapter 7 vs. Chapter 13
Exhibit 1-A: Agreement For Payment of Debts

Chapter Two – LIQUIDATION UNDER CHAPTER 7

PART A. Questions and Answers About Chapter 7 Bankruptcies

PART B. Preparing A Chapter 7 Case
2.01 Chapter 7 – A General Description
2.02 The Local Bankruptcy Rules and Forms
2.03 The Duties and Liabilities of the Debtor’s Attorney
2.04 Interviewing the Debtor – Matters to Cover
2.05 The Credit Counseling and Financial Management Course Requirements
2.06 The Chapter 7 Bankruptcy Forms
2.07 Preparing Chapter 7 Forms for Filing
2.08 Claiming Exemptions

PART C. Filing and Handling a Chapter 7 Case
2.09 Filing a Chapter 7 Case – Electronic Filing
2.10 The Automatic Stay
2.11 Duties of the Debtor
2.12 Rights of the Debtor
2.13 The Meeting of Creditors
2.14 Filing Amended Schedules and Statements
2.15 The Debtor’s Bankruptcy Estate
2.16 Duties and Powers of the United States Trustee and the Bankruptcy Trustee
2.17 The Chapter 7 Discharge
2.18 Reaffirming Dischargeable Debts
2.19 Creditors – Claims, Setoffs and Dividends
2.20 The Dismissal, Conversion, or Closing of a Chapter 7 Case

EXHIBITS FOR CHAPTER TWO

2-A Disclosure of Compensation of Attorney For Debtor
2-B Notices and Disclosures to Assisted Persons
2-C Bankruptcy Work Sheets
2-D Statement of Social Security Number(s)
2-E Statement of Current Monthly Income and Means Test Calculation
2-F Voluntary Petition
2-G Schedule A – Real Property
2-H Schedule B – Personal Property
2-I Schedule C – Property Claimed as Exempt
2-J Schedule D – Creditors Holding Secured Claims
2-K Schedule E – Creditors Holding Unsecured Priority Claims
2-L Schedule F – Creditors Holding Unsecured Nonpriority Claims
2-M Schedule G – Executory Contracts and Unexpired Leases
2-N Schedule H – Codebtors
2-O Schedule I – Current Income of Individual Debtor(s)
2-P Schedule J – Current Expenditures of Individual Debtor(s)
2-Q Declaration Concerning Debtor’s Schedules
2-R Statistical Summary of Certain Liabilities
2-S Summary of Schedules
2-T Statement of Financial Affairs
2-U Application and Order to Pay Filing Fee in Installments
2-V Application for Waiver of Chapter 7 Filing Fee
2-W Chapter 7 Individual Debtor’s Statement of Intention
2-X Notice to Individual Consumer Debtor(s)
2-Y Declaration Regarding Electronic Filing
2-Z Motion to Redeem Personal Property Under Section 722
2-Z1 Motion to Avoid Security Interest in Exempt Property Under Section 522(f)
2-Z2 Amended Schedule F – Creditors Holding Unsecured Nonpriority Claims
2-Z3 Bankruptcy Form B 240 Documents (Reaffirmation Agreement Documents)
2-Z4 Debtor’s Certification of Completion of Instructional Course Concerning Personal Financial Management
2-Z5 Statement of Military Service

Chapter Three – ADJUSTMENT OF DEBTS UNDER CHAPTER 13

PART A. Questions and Answers About Chapter 13 Cases

PART B. Preparing a Chapter 13 Case

3.01 Chapter 13 – A General Description
3.02 The Local Rules and Forms
3.03 The Duties and Liabilities of the Debtor’s Attorney
3.04 The Chapter 13 Eligibility Requirements
3.05 Interviewing the Debtor – Matters to Cover
3.06 Debtors Engaged in Business
3.07 Determining the Debtor’s Disposable Income
3.08 Devising a Confirmable Chapter 13 Plan
3.09 Preparing the Chapter 13 Forms

PART C. Filing and Handling a Chapter 13 Case

3.10 Filing a Chapter 13 Case – Electronic Filing
3.11 The Automatic Stay
3.12 The Meeting of Creditors
3.13 Obtaining Confirmation of a Chapter 13 Plan
3.14 The Chapter 13 Trustee
3.15 Modifying a Chapter 13 Plan After Confirmation – Postpetition Debts
3.16 Creditors – Claims and Payments
3.17 An Unsuccessful Chapter 13 Case – Dismissal or Conversion to Chapter 7
3.18 The Chapter 13 Discharges
3.19 Closing a Chapter 13 Case

EXHIBITS FOR CHAPTER THREE

3-A Application For Allowance of Compensation
3-B Statement of Current Monthly Income and Disposable Income Calculation
3-C Chapter 13 Plan
3-D Order Confirming Chapter 13 Plan
3-E Motion to Modify Chapter 13 Plan After Confirmation
3-F Request For Trustee’s Prior Approval of Consumer Debt
3-G Proof of Claim
3-H Notice of Conversion of Chapter 13 Case to Chapter 7 Under Section 1307(a)
3-I Motion to Dismiss Case Under Section 1307(b)
3-J Motion For Discharge of Debtors Under Section 1328(b)
3-K Order Discharging Debtors Under Section 1328(a)
3-L Order Discharging Debtors Under Section 1328(b)

APPENDIXES

Appendix I – THE BANKRUPTCY CODE (Title 11, United States Code)
Appendix – II THE FEDERAL RULES OF BANKRUPTCY PROCEDURE
Appendix – III EXEMPT PROPERTY
Appendix – IV INTERIM BANKRUPTCY RULES

 

 

The Bankruptcy Issues Handbook

This handbook covers 25 of the most difficult issues in consumer bankruptcy and Chapter 13 cases and incorporates the changes caused by the BAPCPA. The issues covered in the book include:

  • The vulnerability of a debtor’s retirement funds and IRAs in bankruptcy
  • Dismissals for abuse under Section 707(b)
  • The dischargeability of divorce-related debts
  • Avoiding liens under Section 522(f)
  • The dischargeability of drunk-driving debts
  • Avoiding liens under Section 506(d)
  • The dischargeability of unlisted debts
  • Redeeming Property under Section 722
  • The dischargeability of fraud debts
  • Identifying avoidable prefiling transfers
  • The dischargeability of student loans
  • Recovering damages for stay violations
  • The dischargeability of malicious injury debts
  • Curing defaults in Chapter 13 plans
  • The dischargeability of tax debts and penalties

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THE ATTORNEY’S HANDBOOK ON SMALL BUSINESS REORGANIZATION UNDER CHAPTER 11

Chapter One – QUESTIONS AND ANSWERS ABOUT CHAPTER 11

Questions and Answers About Chapter 11

Chapter Two – ADVISING A FINANCIALLY-TROUBLED SMALL BUSINESS

2.01 Chapter 11 – A General Description
2.02 Gathering Information and Identifying The Problem
2.03 The Nonbankruptcy Alternatives
2.04 Chapter 11 vs. Chapter 7
2.05 Chapter 11 vs. Chapter 13 or Chapter 12

Chapter Three – PREPARING AND FILING A VOLUNTARY CHAPTER 11 CASE

3.01 The Employment and Compensation of The Debtor’s Attorney
3.02 The Chapter 11 Eligibility and Jurisdictional Requirements
3.03 Gathering Information and Assessing the Case
3.04 Preparing the Initial Chapter 11 Forms and Documents
3.05 Filing a Voluntary Chapter 11 Case

EXHIBITS FOR CHAPTER THREE

3-A Application For Order Approving Employment of Attorney
3-B Verified Statement of Attorney
3-C Agreement For Employment of Attorney
3-D First Application For Allowance of Interim Compensation and Expenses
3-E Attorney’s Letter to Debtor in Possession
3-F Chapter 11 Work Sheets
3-G Voluntary Petition
3-H List of Creditors Holding 20 Largest Unsecured Claims
3-I List of Creditors
3-J List of Equity Security Holders
3-K Debtor’s Resolution Authorizing Commencement of Case
3-L Debtor’s Letter to Creditors and Customers

Chapter Four – HANDLING A VOLUNTARY CHAPTER 11 CASE

4.01 The Automatic Stay and Relief Therefrom
4.02 Operating a Business Under Chapter 11
4.03 Creditors’ Committees and Meetings of Creditors
4.04 Handling Claims, Security Interests, and Setoffs
4.05 Handling Executory Contracts and Unexpired Leases
4.06 Preparing and Filing a Plan of Reorganization
4.07 Preparing and Obtaining Approval of a Disclosure Statement
4.08 Obtaining Acceptance of a Plan by Creditors and Equity Security Holders
4.09 Obtaining Confirmation of a Plan
4.10 The Order of Confirmation
4.11 Postconfirmation Matters – Implementation, Distribution and Consummation
4.12 The Appointment of a Trustee or Examiner
4.13 Handling Related Litigation and Appeals
4.14 Dismissal or Conversion to Another Chapter

EXHIBITS FOR CHAPTER FOUR

4-A Motion For Relief From Stay of Act Against Property
4-B Application For Allowance of and For Authority to Pay Claims of Debtor’s Employees For Pre-Filing Wages
4-C Motion For Authority to Use Cash Collateral
4-D Notice of Proposed Sale of Estate Property Not in Ordinary Course of Business and of Hearing
4-E Motion For Authority to Obtain Credit Not in The Ordinary Course of Business
4-F Small Business Monthly Operating Report
4-G Objection to Allowance of Claim and Notice of Hearing
4-H Application For Allowance of Administrative Expenses
4-I Motion For Approval of Assumption of Executory Contract and Notice of Hearing
4-J Motion For Approval of Rejection of Executory Contract and Notice of Hearing
4-K Small Business Plan of Reorganization
4-L Small Business Disclosure Statement
4-M Order Conditionally Approving Disclosure Statement, Fixing Times For Filing Acceptances or Rejections of Plan, For Filing Objections to the Disclosure Statement, and For Filing Objections to Confirmation of the Plan, and Fixing Dates For Hearing on Final Approval of Disclosure Statement if a Timely Objection is Filed and For Confirmation Hearing, Combined With Notice Thereof
4-N Cover Letter For Rule 3017 or 3017.1 Documents
4-O Ballot For Accepting or Rejecting Plan
4-P Objection to Confirmation of Plan
4-Q Order Confirming Plan
4-R Motion to Convert Case to Chapter 7 Under Section 1112(a)
4-S Motion For Dismissal or Conversion of Case Under Section 1112(b)
4-T Periodic Report Regarding Value, Operations and Profitability of Entities Which the Debtor’s Estate Holds a Substantial or Controlling Interest

Chapter Four – REPRESENTING A CREDITOR IN A CHAPTER 11 CASE

5.01 Filing and Handling an Involuntary Chapter 11 Case
5.02 Representing a Secured Creditor in a Chapter 11 Case
5.03 Representing an Unsecured Creditor in a Chapter 11 Case

5-A Involuntary Petition
5-B Answer to Involuntary Petition and Counterclaim
5-C Proof of Claim

APPENDIXES

Appendix I – THE BANKRUPTCY CODE (Title 11, United States Code)
Appendix II – THE FEDERAL RULES OF BANKRUPTCY PROCEDURE

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