• Chapter 11 for Individual Debtors: A Collier Monograph
 
 
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Chapter 11 for Individual Debtors: A Collier Monograph

Chapter 11 for Individual Debtors: A Collier Monograph

Chapter 11 for Individual Debtors: A Collier Monograph is both a primer for bankruptcy law attorneys who have not previously represented chapter 11 individual debtors, as well as a detailed description of bankruptcy law and procedure applying to this type of case for experienced practitioners.


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    Chapter 11 for Individual Debtors: A Collier Monograph lays out the groundwork, reviews the fundamentals, provides forms, and lets counsel know how to properly represent and advise an individual chapter 11 client from the initial interview to discharge. It is both a primer for bankruptcy law attorneys who have not previously represented chapter 11 individual debtors, as well as a detailed description of bankruptcy law and procedure applying to this type of case for the experienced practitioner.

    Chapter 11 for Individual Debtors discusses some of the common chapter 11 pitfalls, and highlights the differences and similarities with chapter 13. For the more experienced individual chapter 11 bankruptcy law practitioner, it offers strategies and in-depth explanations of some of the more complex areas of individual chapter 11 practice.

    Forms covering major aspects of a chapter 11 case, from an Application for Employment of Counsel to an Emergency Motion to Use Cash Collateral to the Disclosure Statement and chapter 11 Plan, are included.

    The eBook version of this title features links to Lexis Advance for further legal research options.

    Section 1 - Introduction and Scope of the Monograph
    Section 2 - Differences Between Chapter 13 and Individual Chapter 11
    [1] Eligibility
    [2] Voluntary Dismissal
    [3] Administrative Requirements and Fees
    [4] Codebtor Stay
    [5] Trustee Oversight
    [6] Disposable Income Requirements
    [7] Scheduling of Claims
    [8] Plans
    [9] Discharge
    Section 3 - Prefiling Considerations
    [1] Chapter 7 Analysis
    [2] Chapter 13 Analysis
    [3] Chapter 11 Analysis
    Section 4 - Retention/Fees/Fee Applications
    [1] Fee Agreements
    [2] Court Approval for Representation
    [3] Who Is/Will Be the Client?
    Section 5 - First-Day Motions
    [1] Application to Employ Counsel and Other Professionals
    [2] Motion to Use Cash Collateral
    [3] Living Expenses
    [4] Motions to Extend Time
    [5] Motion to Extend or Impose Stay
    [6] Lease Rejections
    [7] Other First-Day Motions
    Section 6 - United States Trustee and Administration of the Case
    [1] The DIP Financial Accounts
    [2] Insurance
    [3] Meeting of Creditors
    [4] Reports and Fees
    [5] Creditors Committee
    Section 7 - Preconfirmation Issues
    [1] Small Business Designation
    [2] Executory Contracts and Leases
    [3] Incurring Debt and Selling Assets
    [4] Loan Modifications
    [5] Avoidance Actions and Other Adversary Proceedings
    [6] The Automatic Stay and Motions for Relief
    [7] Claims: Bar Dates and Deemed Allowance
    [8] Strip Offs/Strip Downs and Valuation of Collateral
    [9] Dismissal/Conversion/Appointment of a Trustee
    Section 8 - Tax Issues
    [1] Separate Taxable Estate
    [2] Recordation and Transfer Tax Exemption
    [3] Treatment of Tax Claims
    Section 9 - Disclosure Statement, Chapter 11 Plan and Confirmation
    [1] Drafting Considerations
    [2] Exclusivity
    [3] Classification of Claims; Impaired Classes
    [4] Approval of Disclosure Statement
    [5] Service of Disclosure Statement/Plan and Balloting
    [6] Confirmation of the Plan and the Confirmation Hearing
    [7] Cramdown: Confirmation Over Dissenting Class
    [8] Applicability of the Absolute Priority Rule
    [9] Section 1111(b): Special Treatment for Undersecured Claims
    [10] Residential Mortgage Modifications
    [11] Preconfirmation Modifications
    [12] Confirmation Issues in Small Business Cases
    Section 10 - Postconfirmation, Discharge and Closing of Case
    [1] Effective Date and Commencement of Payments
    [2] Payments under the Plan
    [3] Administrative Closure Pending Discharge
    [4] Modification of a Confirmed Plan
    [5] Discharge
    Appendix A - Chapter 11 Retainer Agreement
    Appendix B - Application for Employment of Counsel
    Appendix C - Application for Employment of Counsel Affidavit
    Appendix D - Application for Employment of Counsel Order
    Appendix E - United States Trustee Chapter 11 Guidelines
    Appendix H - Initial Postfiling Letter to Client
    Appendix I - Emergency Motion to Use Cash Collateral
    Appendix J - IRS Notice 2006
    Appendix K - Monthly Report Form
    Appendix L - Basic Monthly Operating Report—Individuals
    Appendix M - Form B25B (“Small Business” Disclosure Statement)
    Appendix N - Form B25B Instructions (“Small Business” Disclosure Statement)
    Appendix O - Form B25A (“Small Business” Chapter 11 Plan)
    Appendix P - Form B25A Instructions (“Small Business” Chapter 11 Plan )
    Appendix Q - Disclosure Statement
    Appendix R - Chapter 11 Plan
    Appendix S - Ballot for Accepting or Rejecting Plan
    Appendix T - Ballot Tally Form
    Appendix U - Application for Compensation by Counsel for Debtor

     

    DANIEL M. PRESS


    DANIEL M. PRESS is a bankruptcy lawyer with the law firm of Chung & Press, P.C., in McLean Virginia, and Cumberland and Greenbelt, Maryland. A 1988 magna cum laude graduate of Georgetown University Law Center, he was an editor of the Georgetown Law Journal. He received his B.A. from The Johns Hopkins University. After graduating from law school, Mr. Press served as a judicial law clerk for Judge Jaime Pieras Jr. in the U.S. District Court for the District of Puerto Rico.

    Mr. Press practices in the Bankruptcy and Federal District Courts in Maryland, the District of Columbia, and the Eastern and Western Districts of Virginia, as well as other U.S. Appellate, District and Bankruptcy Courts around the country. He is a State Chair for the National Association of Consumer Bankruptcy Attorneys, a contributing attorney with the Bankruptcy Law Network, and is a member of the Section Council of the Consumer Bankruptcy Section of the Maryland State Bar Association. He is a regular speaker on bankruptcy and related topics at Continuing Legal Education seminars and programs locally and nationwide.

    BRETT WEISS


    BRETT WEISS has experience in complex individual chapter 7, chapter 11 and chapter 13 bankruptcy cases, and in chapter 11 small business restructuring and reorganization. He represents individual and corporate debtors and creditors in all phases of bankruptcy.

    Mr. Weiss is currently the managing partner at Chung & Press, LLC in Greenbelt, Maryland.

    Mr. Weiss has received international media attention in connection with the bankruptcy cases he has handled. He has been interviewed by Barbara Walters on The View, appeared on the Montel Williams Show, the Today Show, Good Morning America, ABC News with Peter Jennings and German State television, been interviewed on the BBC World Service, appeared on numerous local radio and television programs, and been quoted in Money magazine, The New York Times, The Washington Post and The Baltimore Sun, among others. At the invitation of John Conyers, Jr., Chairman of the House Judiciary Committee, he has twice testified before Congress on bankruptcy and credit issues.

    Mr. Weiss has been involved in a number of cases of first impression, with opinions issued by the U.S. Bankruptcy Court, the Maryland Court of Appeals, and the U.S. Court of appeals. He regularly lectures across the country on various aspects of bankruptcy law. Mr. Weiss lives in Maryland with his wife, four daughters, two dogs and a cat.

    Collier Editors-in-Chief


    ALAN N. RESNICK is the Benjamin Weintraub Distinguished Professor of Bankruptcy Law at Hofstra University School of Law in Hempstead, New York, and is Of Counsel to the firm of Fried, Frank, Harris, Shriver & Jacobson LLP in New York City. Professor Resnick served as Reporter to the Advisory Committee on Bankruptcy Rules of the Judicial Conference of the United States from 1987 to 1999, and was a member of the Advisory Committee from 1999 to 2005. He was the author of Bankruptcy Law Manual (5th ed. West) and has written numerous articles on bankruptcy and commercial law and is a frequent speaker at professional seminars and educational programs. He is a member of the National Bankruptcy Conference and the American Law Institute, and is a Fellow of the American Bar Foundation. He is a Fellow of the American College of Bankruptcy and from 1999 to 2005 was the College's Scholar-in-Residence. He received his legal education at Georgetown University Law Center (J.D. ) and Harvard Law School (LL.M. ).

    HENRY J. SOMMER


    HENRY J. SOMMER is the Supervising Attorney at the pro bono Consumer Bankruptcy Assistance Project in Philadelphia and formerly served as the head of the Consumer Law Project at Community Legal Services in Philadelphia. Mr. Sommer has also served as a Lecturer-in-Law at the University of Pennsylvania Law School. Mr. Sommer is the author of Collier Consumer Bankruptcy Practice Guide, Consumer Bankruptcy Law and Practice (Nat'l Consumer Law Center) and numerous articles on bankruptcy law. He is co-author of Collier Family Law and the Bankruptcy Code. From 1991 to 1998, Mr. Sommer was a member of the Advisory Committee on Bankruptcy Rules. Mr. Sommer is a member of the American Law Institute and the National Bankruptcy Conference, and a Fellow of the American College of Bankruptcy. He is a past President of the National Association of Consumer Bankruptcy Attorneys. Mr. Sommer received his undergraduate and law degrees from Harvard University.

     

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