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Post-Confirmation Issues: Ascertaining the Effective Date; Post-Confirmation Jurisdiction; Serial Filing; Post-Confirmation Litigation Vehicles

With increasing frequency, many issues are purposefully relegated to the "back burner" during the pendency of a chapter 11 case and are resolved post-confirmation of the plan. Other issues arise unexpectedly after the chapter 11 plan has been confirmed. This Outline examines some of the mechanics...

Bankruptcy Pro Bono Representation of Consumers: The Seven Deadly Sins

Pride, envy, wrath, sloth, avarice, gluttony, and lust. In Christian theology, these seven deadly sins are considered such odious failings that they are fatal to a soul's spiritual progress. Renaissance poet Dante Alighieri built his seven levels of Purgatory around those sins. At the gate of Purgatory...

Representing an Unsecured Creditor in a Chapter 7 Case

Chapter 15 of Bankruptcy Deskbook includes checklists intended to provide some general guidelines for those desiring a quick orientation when called upon to represent a creditor in a bankruptcy case. Because all of the many issues and considerations that may arise during the course of a bankruptcy case...

Home Foreclosure Crisis: Will Proposed Amendments to the Bankruptcy Code Be Helpful or Hurtful?

A residential foreclosure crisis exists at an unprecedented level in many parts of the United States. Prompted by the enormous number of families losing their homes to foreclosure, several members of Congress have introduced legislation which would amend the present treatment of mortgages on... Read...

Subprime Fallout: A Ripple Effect?

Nearly every day, newspaper headlines announce new asset write-downs, bankruptcy filings, and lawsuits relating to the subprime debt market. If more and more subprime loans go into default, these problems are likely to continue and may worsen. The press also regularly reports that subprime... Read...

Disclosure Statements; Confirmation and Cramdown of Chapter 11 Plans

This paper will address several of the most common plan confirmation issues, including adequacy and approval of the disclosure statement, good faith, feasibility, and the requirements for cramdown under section 1129(b) of the Bankruptcy Code. Although other confirmation issues arise, the issues addressed...

Could you repeat that, please?

Just starting out in the Bankruptcy field? A basic knowledge of the terms of art is key to impressing your client or managing partner with your ability to handle Bankruptcy matters competently. Read on for a quick primer! Adversary Proceeding: A lawsuit arising in or related to a bankruptcy case...

Representing a Secured Creditor in Chapter 11

§ 15:5 Representing a Secured Creditor in Chapter 11 (1) See supra section 15:4. (2) Determine whether creditor has interest in cash collateral. See chapters 5, 8, and 11 of this book. If so: (a) Confirm that debtor is not using cash collateral and require debtor to segregate and account...

Bankruptcy Exemptions

Unless a bankruptcy case is dismissed, property that is exempt under 11 U.S.C.S. § 522 is not available for the payment of any debt during or after bankruptcy, except for tax liens, educational loans and grants obtained by fraud, and debts secured by liens that are not avoided or cancelled. ...

Foreclosure and Homestead Exemptions

Many, but not all, states have homestead exemptions that protect the home in which a family lives from being sold to satisfy debts held by judgment creditors. Homestead exemptions do not protect the family from foreclosure by the mortgage holder or the trustee under a deed a trust where the home secures...

Giving Bankruptcy Advice to Your Creditor Client

Every business that extends credit has had to deal with customers filing bankruptcy. If you receive a frantic call from a client who has just received notice that a customer who owes on an account has filed or is going to file bankruptcy, you’ll need to be able to give the client some solid advice...

Bankruptcy and the Small Business Debtor

Several provisions of the Bankruptcy Code are designed to afford small business debtors an accelerated, more efficient, and less expensive mechanism for reorganizing their businesses by eliminating the requirement for the appointment of a creditors' committee and simplifying the disclosure statement...

Overview of Bankruptcy Crimes

Many people have very little understanding of the exact nature of bankruptcy crime. The United States attorney and trustee receive complaints alleging bankruptcy frauds that fail to state a crime even if all of the allegations are considered true. See Maureen A. Tighe, Bankruptcy Fraud: Article: A Guide...