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The new bankruptcy code cases, developments, and practice insights since BAPCPA Sally McDonald Henry.

Por: Colaborador(es): Detalles de publicación: Chicago, Ill. American Bar Association Section of Business Law c2007.Descripción: vii, 663 p. forms 26 cmISBN:
  • 9781590318706 (pbk.)
  • 1590318706 (pbk.)
Títulos uniformes: Tema(s): Formatos físicos adicionales: Print version: new bankruptcy codeClasificación CDD:
  • 346.7307/8 22
Clasificación LoC:
  • KF 1524 .H46 2007
Recursos en línea:
Contenidos:
What is a health care business under 101(27a)? -- What are the credit counseling requirements for individual debtors? -- Did Congress say what it meant to say in 362 (c)(3)? -- What are the consequences of serial filings on termination of the automatic stay? -- What happened to the automatic stay? -- Are attorneys debt relief agencies under BAPCPA? -- Are Chapter 7 debtors with primarily business debts exempt from filing official form B22A? -- Which 521(a) deadline controls? -- Does 521(e)(2) require a trustee to file a motion to dismiss for technical non-compliance? -- Can a debtor be exempt from the 521(e)(2) tax return requirement? -- Did BAPCPA eliminate the "ride-through option?" -- Does BAPCPA bless "ipso facto" clauses? -- Exactly what rights does 521 confer on creditors? -- Did Congress say what it meant in 521(i)? -- Are debtors in "opt-out" states still subject to the exemption limitation contained in 522? -- What is "equity" in relation to a 522 homestead exemption? -- What constitutes an "intent to hinder, delay, and defraud" in the context of 522? -- Can a debtor include monthly payments he does not intend to pay in order to pass the means test? -- What constitutes "special circumstances" sufficient to rebut the means test? -- If a debtor passes the mean test, is she home free? -- The IRS standards : cap or fixed deduction amount? -- The 401(k) loan repayment obligation : to deduct or not deduct -- What are the consequences of failing to complete a personal financial management course? -- When can a court approve bonus payments to employees? : Kerp orders -- Does the revised code require the creditors' committee disseminate material non-public information? : access to information orders, utilities orders -- What is adequate assurance for utility companies? -- Does 1112 set forth the exclusive basis for dismissal of a case? -- Does a Chapter 13 debtor have to file pre-petition tax returns before the 341 meeting even if a particular tax return is not yet due? -- Under what circumstances are payments to certain benefit plans not included in disposable income that must be used for Chapter 13 plan payments? -- After a Chapter 13 confirmation hearing, is it too late to object to claims? -- When can a debtor who has filed multiple cases obtain plan confirmation by showing his petition was filed in good faith? -- What is the effect of the "hanging paragraph" of section 1325(a)(9)? -- How is projected disposable income calculated? -- What expenses are "reasonably necessary" in determining what money a debtor has available to make plan payments? -- Can Chapter 13 debtors cut short the plan period of 1325(b)(4) by paying the amount they would have paid over the plan period? -- How does the section 1326 requirement of adequate protection for secured creditors operate? -- Is a pre-petition judgment necessary for the debt to be nondischargeable under section 1328? -- Are the provisions lengthening the time in which a debtor must wait for a subsequent discharge constitutional? -- How do the time periods of section 1328(f) operate? -- When is Chapter 15 relief available? -- When should a court recognize a foreign proceeding as a main proceeding rather than as a nonmain proceeding? -- Can a debtor cause a U.S. court to enforce a foreign claims resolution procedure? -- Is an adversary proceeding required under 1521(e) to seek a permanent injunction?
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Libro Biblioteca de Derecho Mons. Fremiot Torres Oliver Colección General bev KF 1524 .H46 2007 (Navegar estantería(Abre debajo)) Disponible 70000000887189
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Descripciones mejoradas de Syndetics:

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.

What is a health care business under 101(27a)? -- What are the credit counseling requirements for individual debtors? -- Did Congress say what it meant to say in 362 (c)(3)? -- What are the consequences of serial filings on termination of the automatic stay? -- What happened to the automatic stay? -- Are attorneys debt relief agencies under BAPCPA? -- Are Chapter 7 debtors with primarily business debts exempt from filing official form B22A? -- Which 521(a) deadline controls? -- Does 521(e)(2) require a trustee to file a motion to dismiss for technical non-compliance? -- Can a debtor be exempt from the 521(e)(2) tax return requirement? -- Did BAPCPA eliminate the "ride-through option?" -- Does BAPCPA bless "ipso facto" clauses? -- Exactly what rights does 521 confer on creditors? -- Did Congress say what it meant in 521(i)? -- Are debtors in "opt-out" states still subject to the exemption limitation contained in 522? -- What is "equity" in relation to a 522 homestead exemption? -- What constitutes an "intent to hinder, delay, and defraud" in the context of 522? -- Can a debtor include monthly payments he does not intend to pay in order to pass the means test? -- What constitutes "special circumstances" sufficient to rebut the means test? -- If a debtor passes the mean test, is she home free? -- The IRS standards : cap or fixed deduction amount? -- The 401(k) loan repayment obligation : to deduct or not deduct -- What are the consequences of failing to complete a personal financial management course? -- When can a court approve bonus payments to employees? : Kerp orders -- Does the revised code require the creditors' committee disseminate material non-public information? : access to information orders, utilities orders -- What is adequate assurance for utility companies? -- Does 1112 set forth the exclusive basis for dismissal of a case? -- Does a Chapter 13 debtor have to file pre-petition tax returns before the 341 meeting even if a particular tax return is not yet due? -- Under what circumstances are payments to certain benefit plans not included in disposable income that must be used for Chapter 13 plan payments? -- After a Chapter 13 confirmation hearing, is it too late to object to claims? -- When can a debtor who has filed multiple cases obtain plan confirmation by showing his petition was filed in good faith? -- What is the effect of the "hanging paragraph" of section 1325(a)(9)? -- How is projected disposable income calculated? -- What expenses are "reasonably necessary" in determining what money a debtor has available to make plan payments? -- Can Chapter 13 debtors cut short the plan period of 1325(b)(4) by paying the amount they would have paid over the plan period? -- How does the section 1326 requirement of adequate protection for secured creditors operate? -- Is a pre-petition judgment necessary for the debt to be nondischargeable under section 1328? -- Are the provisions lengthening the time in which a debtor must wait for a subsequent discharge constitutional? -- How do the time periods of section 1328(f) operate? -- When is Chapter 15 relief available? -- When should a court recognize a foreign proceeding as a main proceeding rather than as a nonmain proceeding? -- Can a debtor cause a U.S. court to enforce a foreign claims resolution procedure? -- Is an adversary proceeding required under 1521(e) to seek a permanent injunction?

Microfiche. [Buffalo, NY] W.S. Hein Co. [1993- ]. microfiche : negative ; 11 x 15 cm. American Bar Association archive publications.

Tabla de contenidos provista por Syndetics

  • Introduction(p. V)
  • About the Book(p. VII)
  • Chapter 1 Issues(p. 1)
  • I What is a health care business under [section] 101 (27A)?(p. 1)
  • II What are the credit counseling requirements for individual debtors?(p. 2)
  • Chapter 3 Issues(p. 9)
  • I Did Congress say what it meant to say in [section] 362 (c)(3)?(p. 9)
  • II What are the consequences of serial filings on termination of the automatic stay?(p. 14)
  • III What happened to the automatic stay?(p. 19)
  • Chapter 5 Issues(p. 23)
  • I Are attorneys debt relief agencies under BAPCPA?(p. 23)
  • II Are Chapter 7 debtors with primarily business debts exempt from filing official form B22A?(p. 31)
  • III Which [section] 521(a) deadline controls?(p. 32)
  • IV Does [section] 521(e)(2) require a trustee to file a motion to dismiss for technical non-compliance?(p. 34)
  • V Can a debtor be exempt from the [section] 521(e)(2) tax return requirement?(p. 37)
  • VI Did BAPCPA eliminate the "Ride-Through Option?"(p. 38)
  • VII Does BAPCPA bless "Ipso facto" clauses?(p. 40)
  • VIII Exactly what rights does [section] 521 confer on creditors?(p. 40)
  • IX Did Congress say what it meant in [section] 521(i)?(p. 41)
  • X Are debtors in "Opt-Out" states still subject to the exemption limitation contained in [section] 522?(p. 46)
  • XI What is "equity" in relation to a [section] 522 homestead exemption?(p. 52)
  • XII What constitutes an "Intent to Hinder, Delay, and Defraud" in the context of [section] 522?(p. 55)
  • Chapter 7 Issues(p. 57)
  • I Can a debtor include monthly payments he does not intend to pay in order to pass the means test?(p. 57)
  • II What constitutes "special circumstances" sufficient to rebut the means test?(p. 61)
  • III If a debtor passes the mean test, is she home free?(p. 62)
  • IV The IRS Standards: cap or fixed deduction amount?(p. 65)
  • V The 401(k) loan repayment obligation: to deduct or not deduct(p. 67)
  • VI What are the consequences of failing to complete a personal financial management course?(p. 69)
  • Chapter 11 Issues(p. 73)
  • I When can a court approve bonus payments to employees?(p. 73)
  • Kerp Orders
  • II Does the Revised Code require the creditors' committee disseminate material non-public information?(p. 218)
  • Access to Information Orders
  • Utilities Orders
  • III What is adequate assurance for utility companies?(p. 281)
  • IV Does [section] 1112 set forth the exclusive basis for dismissal of a case?(p. 317)
  • Chapter 13 Issues(p. 319)
  • I 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?(p. 319)
  • II Under what circumstances are payments to certain benefit plans not included in disposable income that must be used for Chapter 13 plan payments?(p. 320)
  • III After a Chapter 13 confirmation hearing, is it too late to object to claims?(p. 321)
  • IV When can a debtor who has filed multiple cases obtain plan confirmation by showing his petition was filed in good faith?(p. 322)
  • V What is the effect of the "hanging paragraph" of section 1325(a)(9)(p. 324)
  • VI How is projected disposable income calculated?(p. 338)
  • VII What expenses are "reasonably necessary" in determining what money a debtor has available to make plan payments?(p. 344)
  • VIII 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?(p. 347)
  • IX How does the section 1326 requirement of adequate protection for secured creditors operate?(p. 350)
  • X Is a pre-petition judgment necessary for the debt to be nondischargeable under section 1328??(p. 352)
  • XI Are the provisions lengthening the time in which a debtor must wait for a subsequent discharge constitutional?(p. 353)
  • XII How do the time periods of section 1328(f) operate?(p. 354)
  • Chapter 15 Issues(p. 357)
  • I When is Chapter 15 relief available?(p. 358)
  • II When should a court recognize a foreign proceeding as a main proceeding rather than as a nonmain proceeding?(p. 358)
  • III Can a debtor cause a U.S. court to enforce a foreign claims resolution procedure?(p. 360)
  • IV Is an adversary proceeding required under [section] 1521(e) to seek a permanent injunction?(p. 361)
  • New Deadlines(p. 363)
  • New Forms(p. 371)
  • Update of Additional Cases(p. 653)
  • About The Author(p. 663)
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