The new bankruptcy code cases, developments, and practice insights since BAPCPA
Sally McDonald Henry.
- Chicago, Ill. American Bar Association Section of Business Law c2007.
- vii, 663 p. forms 26 cm.
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.
9781590318706 (pbk.) 1590318706 (pbk.)
Bankruptcy--United States. Bankruptcy--United States.--Cases.