The Bankruptcy Issues Handbook Table of Contents

Chapter One – GENERAL BANKRUPTCY ISSUES

1.01 Under what circumstances is a person precluded from filing a bankruptcy case because he or she has been a debtor in another bankruptcy case within the preceding 180 days?

Ineligibility because of willful misconduct in prior case
Ineligibility because of voluntary dismissal after request for relief from stay
Effect of order of dismissal in prior case
Burden of proving debtor ineligibility

1.02 To what extent are debts that were or could have been listed in a prior bankruptcy case dischargeable in a subsequent bankruptcy case?

Dischargeability of debt when prior case was dismissed without granting discharge
Dischargeability of debt when discharge was waived or denied in prior case
Dischargeability of debt that was excepted from discharge in prior case

1.03 To what extent is a debtor protected from discrimination by Section 525 of the Bankruptcy Code and what are a debtor’s remedies for violations of Section 525?

Governmental discrimination prohibited by Section 525(a)
Entities to which Section 525(a) is applicable
Prohibited discrimination as to driver’s licenses
Prohibited discrimination as to other licenses and grants
Prohibited discrimination as to public housing
Prohibited discrimination as to governmental employment
Debtors’ remedies for Section 525(a) violations
Private employer discrimination prohibited by Section 525(b)
Debtors’ remedies for Section 525(b) violations
Student loan discrimination prohibited by Section 525(c)

1.04 To what extent is a debtor’s right to utility service protected by Section 366 of the Bankruptcy Code?

The applicability of Section 366
Restoration of utility service after prefiling termination
Protection from postfiling termination of utility service
Adequate assurance of payment for future service
Effect of state law on Section 366
Debtor’s remedies for violations of Section 366

1.05 To what extent may a debtor avoid liens on exempt property under Section 522(f) of the Bankruptcy Code?

The general aspects of lien avoidance under Section 522(f)
Avoiding judicial liens under Section 522(f)(1)(A)
The “judicial lien” requirement for lien avoidance
The “interest of the debtor in property” requirement for lien avoidance
The valid exemption requirement for lien avoidance
The impairment of exemption requirement for lien avoidance
The domestic support obligation exclusion to lien avoidance
The dischargeable debt requirement for lien avoidance
Avoiding security interests under Section 522(f)(1)(B)
The nonpossessory, nonpurchase-money security interest requirement
The types of property against which security interests may be avoided
The “interest of the debtor in property” and exemption requirements
The $5,475 limitation on security interest avoidance

1.06 To what extent are debts for educational loans and benefits nondischargeable in bankruptcy?

The source of loan requirements for nondischargeability
The “undue hardship” exception to nondischargeability
Dischargeability of co-obligors and nonstudent obligors
The former seven-year payment exception to nondischargeability

1.07 To what extent are divorce-related debts nondischargeable in bankruptcy?

Determining the nature of a divorce-related debt or obligation
The dischargeability under Section 523(a)(5) of debts for divorce-related attorney’s fees and litigation expenses
The dischargeability under Section 523(a)(5) of marital obligations owed to third parties
The dischargeability under Section 523(a)(5) of divorce-related hold-harmless debts
The dischargeability under Section 523(a)(5) of debts owed or assigned to governmental entities

1.08 What constitutes a debt for willful and malicious injury and to what extent are such debts nondischargeable in bankruptcy?

The definition and proof of willful and malicious injuries
The dischargeability of debts for intentional personal torts
The dischargeability of debts for vehicular torts
The dischargeability of debts for intentional conversion
The dischargeability of debts for aggravated breach of contract
The dischargeability of debts for failure to carry workers’ compensation insurance
The dischargeability of debts for intentional waste

1.09 To what extent are debts caused by drunk driving dischargeable in Bankruptcy?

Establishing the elements of nondischargeability
Proving intoxication in the bankruptcy court

1.10 To what extent are tax debts and debts for tax penalties and interest nondischargeable in bankruptcy?

The dischargeability of priority tax debts
The dischargeability of tax debts for which a return or equivalent report or notice was not filed or given
The dischargeability of tax debts for which a late or fraudulent return, report or notice was filed
The dischargeability of willfully evaded tax debts
The dischargeability of debts for tax penalties
The dischargeability of interest on tax debts
Suspending periods of limitation for tax debts
Subrogated nondischargeability for tax debts

1.11 To what extent are debts obtained by fraud, false pretenses, or false financial statements nondischargeable in bankruptcy?

The nondischargeability of debts obtained by false pretenses or false representations
The nondischargeability of debts obtained by actual fraud
The nondischargeability of debts obtained by false written financial statements
The presumptive nondischargeability of consumer debts and cash advances incurred within 90 days of bankruptcy
Collateral estoppel in Section 523(a)(2) proceedings

1.12 To what extent are debts owed to unlisted or improperly listed creditors dischargeable in bankruptcy?

The dischargeability of unlisted debts in Chapter 7 “no-asset” cases
The dischargeability of unlisted debts in cases other than Chapter 7 “no-asset” cases

1.13 To what extent can a debtor’s retirement funds and IRAs survive a bankruptcy case?

The survivability in bankruptcy of funds in retirement plans that are covered by ERISA
The exemption of retirement funds and IRAs under Section 522(d)(10)(E) and similar state exemption statutes

1.14 What types of prefiling transfers are avoidable in bankruptcy?

Transfers avoidable by state law under Section 544
Preferential transfers avoidable under Section 547(b)
Fraudulent transfers avoidable under Section 548(a)(1)

1.15 Under what circumstances and to what extent may a debtor recover damages for a violation of the automatic stay?

The “individual” requirement of Section 362(k)
The stay violation requirement of Section 362(k)
The “willful violation” requirement of Section 362(k)
The “injury” requirement for recovery under Section 362(k)
The amount of actual damages recoverable under Section 362(k)
Recovering punitive damages under Section 362(k)
Recovering damages against governmental units under Section 362(k)
Civil contempt remedies under Section 105(a)

1.16 Under what circumstances may a debtor recover costs and attorney’s fees from a creditor who challenges the dischargeability of a debt?

The requirement that nondischargeability be sought under Section 523(a)(2)
The “consumer debt” requirement for recovery
The “dischargeable debt” requirement for recovery
The “substantial justification” exception to recovery
The “special circumstances” exception to recovery
Amounts recoverable by the debtor under Section 523(d)
The procedure for obtaining an award under Section 523(d)

1.17 To what extent may a debtor avoid liens securing unallowed claims under Section 506(d) of the Bankruptcy Code?

The status of “lien stripping”
The avoidability of liens securing claims for unmatured domestic support obligations
The avoidability of liens securing claims of codebtors or guarantors for reimbursement or contribution
The avoidability of liens securing unfiled claims
The procedure for avoiding liens under Section 506(d)

1.18 To what extent may a debtor avoid nonconsensual liens on exempt property under Section 522(h) of the Bankruptcy Code?

The requirements for avoiding liens under Section 522(h)
The types of liens that are avoidable under Section 522(h)
The procedure for avoiding liens under Section 522(h)

Chapter Two – CHAPTER 7 BANKRUPTCY ISSUES

2.01 Under what circumstances and by whom may a Chapter 7 case be dismissed for cause under Section 707(a) of the Bankruptcy Code?

Voluntary dismissal
Involuntary dismissal

2.02 Under what circumstances may a Chapter 7 case be dismissed for “abuse” under Section 707(b) of the Bankruptcy Code?

The requirements for abuse dismissals after the BAPCPA
The “primarily consumer debts” requirement
Factors considered in an actual abuse motion

2.03 What is the extent of a debtor’s right to redeem property under Section 722 of the Bankruptcy Code?

The property requirements for redemption
The debt requirements for redemption
The payment requirements for redemption
The procedural requirements for redemption

Chapter Three – CHAPTER 13 BANKRUPTCY ISSUES

3.01 To what extent may defaults on secured obligations be cured and dealt with in Chapter 13 plans?

Determining whether an obligation is protected from modification by Section 1322(b)(2)
Curing defaults in secured obligations that are protected from modification by Section 1322(b)(2)
Curing defaults in secured obligations that are not protected from modification by Section 1322(b)(2) or are not protected by Section 1325(a)(5) (hanging paragraph)

The classification of unsecured claims
Unfair discrimination in the classification and treatment of unsecured claims
The classification and treatment of cosigned claims
The classification and treatment of student loan claims

3.03 What constitutes “good faith” in the proposal of a Chapter 13 plan?

Methods of determining good faith
Matters considered on the issue of good faith

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