Understanding Bankruptcy Fourt 4th edition by Jeffrey Ferriell, Edward J. Janger – Ebook PDF Instant Download/DeliveryISBN: 1531015022, 9781531015022
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ISBN-10 : 1531015022
ISBN-13 : 9781531015022
Author: Jeffrey Ferriell, Edward J. Janger
The fourth edition of Understanding Bankruptcy continues to provide a detailed introduction to bankruptcy and related state and federal debtor-creditor law. It will be helpful for students taking an introductory Creditors’ Rights course that emphasizes bankruptcy; a free-standing Bankruptcy course; or an advanced course in Chapter 11 Reorganization. This edition includes explanations of the growing number of Court of Appeals and Supreme Court decisions interpreting changes made to the Bankruptcy Code nearly fifteen years ago in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. Both new and experienced bankruptcy lawyers will find Understanding Bankruptcy helpful and insightful.
Understanding Bankruptcy Fourt 4th Table of contents:
Chapter 1 · General Principles Underlying Insolvency Law
§ 1.01 The Nature of Insolvency Law[A] Introduction: Fresh Start for Individual Debtors & Fair Treatment of Creditors[B] Bankruptcy as a Debtor’s Remedy: Fresh Start for Honest Debtors[C] Business Bankruptcy — Breathing Room and Maximizing Value[D] Bankruptcy as a Creditor’s Remedy
§ 1.02 Modern Theories of Insolvency Law[A] “Proceduralist” Theories of Bankruptcy[B] “Traditionalist” Theories of Bankruptcy
§ 1.03 Interpretation of the Bankruptcy Code
§ 1.04 Constitutional Limits on Bankruptcy Law
Chapter 2 · Creditors’ Collection Rights
§ 2.01 Source of Creditors’ Collection Rights
§ 2.02 Consensual Liens; Leases[A] Real Estate Mortgages and Deeds of Trust[B] Security Interests in Personal Property[C] Leases
§ 2.03 Judgments[A] Obtaining a Judgment[B] Dormancy, Renewal, and Revival of Judgments[C] Enforcing Judgments from Other Jurisdictions
§ 2.04 Judicial Liens[A] Judgment Liens on Real Estate[B] Judicial Liens on Tangible Personal Property[C] Garnishment of Property Under the Control of Third Parties
§ 2.05 Statutory, Common Law, and Equitable Liens[A] Construction or “Mechanic’s” Liens[B] Repair or “Artisan’s” Liens[C] Common Law Liens[D] Equitable Liens[E] Seller’s Right of Reclamation[F] Tax Liens
§ 2.06 Setoff of Mutual Debts[A] Creditors’ Right of Setoff[B] Priority of Right of Setoff
§ 2.07 Foreclosure Proceedings[A] Real Estate Foreclosure[B] Self-Help Repossession of Goods[C] Replevin[D] Sales of Collateral under U.C.C. Article 9
§ 2.08 Pre-Judgment Seizure[A] Pre-Judgment Seizure Procedures[B] Constitutional Limits on Pre-Judgment Seizure
§ 2.09 State Insolvency Proceedings[A] Assignments for Benefit of Creditors[B] Equitable and Statutory Receiverships[C] Regulatory Receiverships
§ 2.10 Compositions and Workouts
§ 2.11 Property Beyond the Reach of Creditors[A] Exemptions[B] Other Property Immune from Creditors’ Claims
§ 2.12 Suretyship[A] Basic Suretyship Principles[B] Suretyship Defenses[C] Suretyship Issues in Bankruptcy
§ 2.13 Supplemental Collection Proceedings[A] Discovery: Examination of a Judgment Debtor[B] Contempt Sanctions
§ 2.14 Common Law and Statutory Restrictions on Creditors’ Collection Efforts[A] Common Law Tort Liability[B] Lender Liability[C] Federal Fair Debt Collection Practices Act[D] Federal Fair Credit Reporting Act[E] State Consumer Protection Statutes
Chapter 3 · A Brief History of Bankruptcy
§ 3.01 The Bankruptcy Clause
§ 3.02 Bankruptcy Law Prior to 1898
§ 3.03 The Bankruptcy Act of 1898
§ 3.04 The Bankruptcy Code
Chapter 4 · Parties and Other Participants in Bankruptcy Cases
§ 4.01 Parties and Other Participants in the Bankruptcy Process
§ 4.02 Debtors and Debtors-in-Possession[A] Debtor[B] Debtor-in-Possession
§ 4.03 The Estate
§ 4.04 Creditors and Creditors’ Committees[A] Role of Creditors in Bankruptcy Cases[B] Creditors’ Committees
§ 4.05 Trustees and Examiners[A] Case Trustees[B] Examiners[C] The United States Trustee
§ 4.06 Bankruptcy Courts and Bankruptcy Judges
§ 4.07 Lawyers and Other Professionals
Chapter 5 · Bankruptcy Procedure, Jurisdiction, and Venue
§ 5.01 Procedure in Bankruptcy Cases[A] Rules of Bankruptcy Procedure[B] Trial Process in Bankruptcy Litigation[C] Appellate Process in Bankruptcy Litigation
§ 5.02 Bankruptcy Jurisdiction of Federal Courts[A] Article I Status of Bankruptcy Judges[B] History of Bankruptcy Jurisdiction[C] Bankruptcy Jurisdiction[D] Abstention[E] Jury Trials in Bankruptcy Court
§ 5.03 Bankruptcy Venue[A] Venue of Bankruptcy Cases[B] Venue of Civil Proceedings
§ 5.04 Nationwide Service of Process in Bankruptcy
§ 5.05 Sovereign Immunity
§ 5.06 Arbitration Clauses in Bankruptcy
Chapter 6 · Commencement
§ 6.01 Commencement of Bankruptcy Cases[A] Voluntary Cases[B] Involuntary Cases
§ 6.02 Commencement of a Voluntary Case[A] Filing a Voluntary Petition[B] Debtors’ Eligibility for Voluntary Bankruptcy[C] Petition, Lists, Schedules, Statements, Certificates and Disclosures[D] Joint Petitions[E] Filing Fees[F] Attorneys’ Obligations Regarding Debtors’ Schedules
§ 6.03 Commencement of Involuntary Cases[A] Purpose of Involuntary Petitions[B] Chapters Under Which Involuntary Petitions are Permitted[C] Persons Against Whom an Involuntary Petition May Be Filed[D] Petitioning Creditors[E] Grounds for Entering an “Order for Relief”[F] Dismissal of an Involuntary Petition[G] Penalties for Unsubstantiated Petitions[H] Transactions During the “Gap Period”
§ 6.04 Closing Bankruptcy Cases[A] Closing a Case[B] Reopening a Case
Chapter 7 · Property of the Estate
§ 7.01 Creation of the Debtor’s Estate
§ 7.02 Property Included in the Estate[A] Debtor’s Interests in Property at Commencement of the Case[B] Community Property[C] Property Recovered under Avoiding Powers[D] Property Preserved for the Benefit of the Estate[E] Certain Post-Petition Property Acquired Within 180 Days of the Petition[F] Post-Petition Earnings[G] Post-Petition Property Acquired by the Estate
§ 7.03 Effect of Restrictions on Transfer of Debtor’s Property[A] Ipso-Facto Clauses Ineffective[B] Transfer Restrictions Ineffective[C] Restrictions on Transferability of Governmental Licenses Ineffective
§ 7.04 Property Excluded from the Debtor’s Estate[A] Property Held by Debtor for the Benefit of a Third Person[B] Expired Leases of Non-Residential Real Estate[C] Debtor’s Right to Participate in Educational Program; Accreditation[D] Specific Oil Industry Rights[E] Proceeds of Money Orders[F] Spendthrift Trusts[G] Property Held in Trust[H] Education IRAs and Tuition Credits[I] Pawned Goods[J] Social Security Benefits
§ 7.05 Securitization
§ 7.06 Expanded Estate in Reorganization Cases Under Chapters 11, 12, and 13[A] Expanded Estate in Chapter 11 Cases[B] Expanded Estate in Chapter 12 Cases[C] Expanded Estate in Chapter 13 Cases
Chapter 8 · The Automatic Stay
§ 8.01 Purpose of the Automatic Stay
§ 8.02 Scope of the Automatic Stay[A] Judicial and Administrative Proceedings[B] Enforcement of Judgments[C] Acts to Obtain Possession or Control of Estate Property[D] Acts to Create, Perfect, or Enforce Liens[E] Acts to Collect[F] Setoff[G] Tax Court Proceedings
§ 8.03 Exceptions to the Automatic Stay[A] Private Rights Exceptions to the Stay[B] Public Rights Exceptions to the Stay — Governmental Action Permitted
§ 8.04 Co-Debtor Stays in Chapters 12 and 13
§ 8.05 Discretionary Stays
§ 8.06 Relief from the Automatic Stay; Duration and Termination[A] Automatic Termination of the Stay[B] Relief from Stay Upon Request of a Party[C] Form of Relief from the Stay[D] Procedure for Obtaining Relief from the Stay
§ 8.07 Enforcement of the Stay[A] Actions in Violation of the Stay are Void[B] Damages for Violating the Stay[C] Sovereign Immunity
Chapter 9 · Operating the Debtor
§ 9.01 Responsibility for Operation of the Debtor
§ 9.02 Supervision of the Debtor’s Business
§ 9.03 Use, Sale, or Lease of Estate Property[A] Use, Sale, or Lease in the Ordinary Course[B] Use of Cash Collateral[C] Use, Sale, or Lease Outside the Ordinary Course[D] Adequate Protection[E] Continuation of Liens and Other Interests; Sales Free and Clear[F] Ipso Facto Clauses Ineffective[G] Rigged Sales[H] Burdens of Proof Regarding Sales[I] Appeals from Orders Approving Sales of Estate Property[J] Transfer of Customers’ Personal Identifiable Information
§ 9.04 Utility Service
§ 9.05 Obtaining Credit[A] Unsecured Credit in the Ordinary Course[B] Unsecured Credit Outside the Ordinary Course[C] Secured Credit[D] Appeals of Orders Authorizing Post-Petition Credit
§ 9.06 Abandonment of Estate Property
§ 9.07 Health Care Providers
Chapter 10 · Claims and Interests
§ 10.01 Meaning of Claims and Interests; Priority
§ 10.02 Claims[A] Definition of Claim[B] Proof of Claim[C] Allowance of Claims[D] Limits on Allowance of Claims[E] Estimation of Claims
§ 10.03 Secured Claims[A] Creditors with Secured Claims[B] Effect of Bankruptcy on Secured Claims[C] Allowance of Secured Claims[D] Surcharge of Secured Claims
§ 10.04 Unsecured Claims[A] Priority Claims[B] Super-Priority Claims[C] General Unsecured Claims
§ 10.05 Subordinated Claims[A] Contractual Subordination[B] Equitable Subordination and Recharacterization[C] Statutory Subordination
§ 10.06 Interests[A] Meaning of Interests[B] Allowance of Owners’ Interests[C] Priority of Interests[D] Subordinated Interests
§ 10.07 Co-Ownership of Estate Property[A] Joint Property[B] Leases
§ 10.08 Anomalous Rights
§ 10.09 Setoff[A] Setoff Under Non-Bankruptcy Law[B] Setoff Limited to Pre-Petition Claims[C] No Setoff of Disallowed Claims
Chapter 11 · Executory Contracts and Unexpired Leases
§ 11.01 Right to Assume or Reject; Assignment
§ 11.02 Meaning of “Executory Contract” and “Unexpired Lease”[A] “Executory Contract” Defined[B] “Unexpired Lease” or Security Interest
§ 11.03 Procedure for Assumption or Rejection[A] Timing of Assumption or Rejection[B] Court Approval of Assumption or Rejection[C] Performance Before Assumption or Rejection
§ 11.04 Rejection of Executory Contracts[A] Effect of Rejection[B] Employees’ Rights
§ 11.05 Assumption of Executory Contracts[A] Effect of Assumption[B] Cure of Defaults Required for Assumption[C] Restrictions on Assumption[D] Executory Contract Ride-Through
§ 11.06 Assignment of Executory Contracts and Unexpired Leases[A] Effect of Assignment[B] Restrictions on Assignment[C] Appeals of Orders Permitting Assignment
§ 11.07 Shopping Center Leases
Chapter 12 · Preserving Assets: Exemptions & Redemption
§ 12.01 Debtor’s Retention of Estate Property
§ 12.02 Exemptions in Bankruptcy[A] Exemption Policy[B] State or Federal Exemptions; Opt-Out[C] Debtor’s Domicile Controls Exemptions[D] Joint Debtors’ Exemption Rights[E] Exemption Planning
§ 12.03 Types of Exemptions[A] Residential Property — Homestead Exemptions[B] Wildcard Exemptions[C] Exemptions for Personal Property[D] Earnings and Other Financial Assets[E] Tracing Exemptions into Non-Exempt Property[F] Exemption Protections for a Debtor’s Dependents[G] Valuation of Exempt Property
§ 12.04 Tenancy by the Entirety
§ 12.05 Loss of Exemptions[A] Exemption Waivers Unenforceable[B] Liens on Exempt Property[C] Debtor Misconduct
§ 12.06 Procedures for Claiming and Objecting to Exemptions[A] What to File; Who May File; When to File[B] Objections to Exemptions
§ 12.07 Avoiding Liens on Exempt Property[A] Avoiding Judicial Liens[B] Avoiding Non-Possessory, Non-Purchase Money Security Interests
§ 12.08 Retaining Collateral[A] Lump-Sum Redemption by Debtor[B] Reaffirmation[C] Retention without Redemption or Reaffirmation — “Ride-Through”[D] Debtor’s Statement of Intent[E] Chapter 7 Lien-Stripping[F] Buying Non-Exempt Equity
Chapter 13 · Discharge
§ 13.01 The Nature of Discharge
§ 13.02 Denial of Discharge[A] Consequences of Denial of Discharge[B] Denial of Discharge in Chapter 7[C] Denial of Discharge in Chapter 11[D] Denial of Discharge in Chapters 12 and 13
§ 13.03 Nondischargeable Debts[A] Meaning of Nondischargeability[B] Types of Nondischargeable Debts[C] Procedure for Determining Nondischargeability; Exclusive Jurisdiction[D] Collateral Estoppel Effect of Earlier Judgments
§ 13.04 Chapter 7 Discharge[A] Debtors Eligible for Chapter 7 Discharge[B] Timing of Discharge[C] Scope of Debtor’s Chapter 7 Discharge
§ 13.05 Chapter 13 Discharge[A] Debtors Eligible for Chapter 13 Discharge[B] Timing of Chapter 13 Discharge[C] Scope of Chapter 13 Discharge
§ 13.06 Chapter 11 Discharge[A] Persons Eligible for Chapter 11 Discharge[B] Timing of Chapter 11 Discharge[C] Scope of Chapter 11 Discharge
§ 13.07 Chapter 12 Discharge[A] Persons Eligible for Chapter 12 Discharge[B] Timing of Chapter 12 Discharge[C] Scope of Chapter 12 Discharge
§ 13.08 Revocation of Discharge[A] Revocation of Chapter 7 Discharge[B] Revocation of Chapter 11 Discharge[C] Revocation of Chapter 12 and 13 Discharge
§ 13.09 Effect of Discharge[A] Discharge Stay[B] Enforcement of Liens Permitted[C] Recovery from Co-Debtors[D] Discrimination Against Debtors
Chapter 14 · General Avoiding Powers; Limitations on Avoiding Powers
§ 14.01 Avoidance of Transfers
§ 14.02 Strong-Arm Power[A] Trustee as Hypothetical Judicial Lien Creditor[B] Trustee as Creditor Whose Attempted Execution is Returned Unsatisfied[C] Trustee as Bona Fide Purchaser of Real Estate
§ 14.03 Power to Use Rights of Actual Unsecured Creditors
§ 14.04 Avoidance of Statutory Liens
§ 14.05 Post-Petition Transfers of Estate Property[A] Unauthorized Transactions[B] Involuntary Gap Transfers
§ 14.06 Preservation of Avoided Transfers for the Benefit of the Estate
§ 14.07 Recovery of Avoided Transfers[A] Recovery of the Property or Its Value[B] Recovery from Transferees
§ 14.08 General Limitations on Avoiding Powers[A] Statute of Limitations[B] Effect of Non-Bankruptcy Law Grace Periods[C] Limits on Seller’s Reclamation Rights[D] Protection for Good Faith Transferees
Chapter 15 · Preferences
§ 15.01 Preference Policies
§ 15.02 Preferences Defined[A] Transfer of Property; Date of Transfer[B] To or for the Benefit of a Creditor[C] Antecedent Debt[D] Insolvent at the Time of Transfer[E] Preference Period[F] Improvement in Position
§ 15.03 Exceptions to Avoidance[A] Substantially Contemporaneous Exchange for New Value[B] Ordinary Course of Business Transfers[C] Grace Period for Late Perfection of Purchase Money Security Interests[D] Advance of New Value Subsequent to Preference[E] Floating Liens[F] Statutory Liens[G] Alimony, Maintenance, & Support[H] Small Preferences[I] Payments Sanctioned by Credit Counseling Agency[J] Substitution of Creditors — Earmarking[K] Certain Payments by Repo, Swap, or Financial Participants[L] Payments Made on Assumed Executory Contract
§ 15.04 Indirect Preferences
§ 15.05 Procedural Issues; The Effect of Avoidance
§ 15.06 Other Preferences[A] Setoff Preferences[B] Voidable Transfer Act Preferences
Chapter 16 · Fraudulent Transfers
§ 16.01 Purposes and Sources of Fraudulent Conveyance Law[A] Fraudulent Conveyances[B] Fraudulent Obligations[C] Fraudulent Transfers Distinct from Preferences[D] Sources of Fraudulent Transfer Law
§ 16.02 Actual Fraud: Intent to Hinder, Delay, or Defraud Creditors
§ 16.03 Constructive Fraud[A] Elements of Constructive Fraud[B] Specific Transactions Involving Constructive Fraud
§ 16.04 Transfers to General Partners
§ 16.05 Reach-Back Periods for Fraudulent Transfer[A] Bankruptcy Code’s Fraudulent Transfer Recovery Period[B] State Law Fraudulent Transfer Recovery Period
§ 16.06 Liabilities of and Protections for Bona Fide Purchasers
Chapter 17 · Liquidation Under Chapter 7
§ 17.01 Debtor Liquidation
§ 17.02 Commencement of a Chapter 7 Liquidation Case
§ 17.03 Dismissal and Conversion of a Chapter 7 Case[A] Dismissal for Cause[B] Dismissal of Consumer Cases Due to Abuse[C] Conversion of Chapter 7 Cases[D] Conversion to Chapter 7
§ 17.04 Role of a Chapter 7 Trustee[A] Selection of a Trustee[B] Duties of the Trustee
§ 17.05 United States Trustee
§ 17.06 Creditors’ Committees
§ 17.07 Partnership Liquidation
§ 17.08 Distribution of Property of the Estate
§ 17.09 Liquidation Treatment of Certain Liens[A] Subordination of Liens Securing Non-Compensatory Penalties[B] Subordination of Secured Tax Claims
§ 17.10 Special Liquidations
Chapter 18 · Rehabilitation of Individuals with Regular Income
§ 18.01 Goals of Rehabilitation of Individuals with Regular Income
§ 18.02 Eligibility for Relief Under Chapter 13
§ 18.03 Filing, Conversion, and Dismissal of Chapter 13 Cases[A] Filing Chapter 13 Cases[B] Conversion or Dismissal of Chapter 13 Cases
§ 18.04 Property of the Chapter 13 Estate
§ 18.05 Parties in Chapter 13 Cases[A] Role of a Chapter 13 Debtor[B] Role of Standing Chapter 13 Trustee[C] The United States Trustee in Chapter 13[D] Creditors in Chapter 13 Cases
§ 18.06 The Chapter 13 Plan — Required Provisions[A] Submission of Sufficient Income to Fund the Plan[B] Full Payment of Priority Claims
§ 18.07 Chapter 13 Plan — Permissive Provisions[A] Classification of Claims[B] Modification of Creditors’ Rights[C] Cure & Waiver of Defaults; Reinstatement[D] Concurrent or Sequential Payment of Claims[E] Payment of Post-Petition Claims[F] Assumption, Rejection or Assignment of Executory Contracts[G] Payment of Claims from Estate Property or Property of the Debtor[H] Vesting of Property of Estate in the Debtor or Another Entity[I] Payment of Interest on Nondischargeable Debts[J] Other Consistent Provisions
§ 18.08 Confirmation of Chapter 13 Plans[A] General Requirements for Confirmation[B] Feasibility[C] Good Faith[D] Duration of the Plan — “Applicable Commitment Period”[E] Payments to Creditors with Unsecured Claims[F] Treatment of Secured Claims — Chapter 13 Secured Creditor Cramdown[G] Hearing on Confirmation of Plan
§ 18.09 Effect of Confirmation of Chapter 13 Plan[A] General Effect of Chapter 13 Plan Confirmation[B] Payments Before Confirmation
§ 18.10 Modification of Chapter 13 Plans[A] Pre-Confirmation Modification of Chapter 13 Plans[B] Post-Confirmation Modification of Chapter 13 Plans
§ 18.11 Revocation of Confirmation of Chapter 13 Plans
§ 18.12 “Chapter 20”
Chapter 19 · Reorganization Under Chapter 11
§ 19.01 Development of Chapter 11
§ 19.02 Goals of Reorganization
§ 19.03 Roles of the Participants[A] Role of Existing Management[B] Role of Creditors and Creditors’ Committees[C] Role of Owners[D] Appointment of Trustee or Examiner[E] Role of the Securities and Exchange Commission[F] Role of the United States Trustee[G] Role of Others; Insurers
§ 19.04 Property of a Chapter 11 Estate
§ 19.05 Conversion and Dismissal of Chapter 11 Cases[A] Voluntary Conversion or Dismissal[B] Involuntary Conversion or Dismissal
§ 19.06 Post-Petition Operation of the Debtor’s Business[A] Sale and Use of Estate Property[B] Post-Petition Financing[C] First-Day Orders
§ 19.07 Treatment of Claims and Interests in Chapter 11[A] Priority of Claims and Interests[B] Proof of Claims and Interests[C] Chapter 11 Treatment of Partially Secured Claims
§ 19.08 Contents of a Chapter 11 Plan[A] Process of Negotiating the Plan’s Terms[B] Who May File a Plan; The Exclusivity Period[C] Mandatory and Optional Chapter 11 Plan Provisions[D] Classification of Claims[E] Impairment of Claims[F] Treatment of General Unsecured Claims[G] Treatment of Priority Unsecured Claims[H] Treatment of Secured Claims[I] Executory Contracts and Unexpired Leases in Chapter 11
§ 19.09 Acceptance of Plan by Holders of Claims and Interests: Disclosure and Voting[A] Consensual Chapter 11 Plans[B] Disclosure and Solicitation of Ballots[C] Voting by Classes of Claims and Interests[D] Disqualification (“Designation”) of Votes[E] Pre-Packaged Plans
§ 19.10 Confirmation of Chapter 11 Plans[A] Compliance with the Bankruptcy Code[B] Plan Proposed in Good Faith[C] Court Approval of Previous Payments[D] Disclosure of Identity of Insiders and Affiliates of Debtor[E] Regulatory Approval[F] Plan in the Best Interests of Creditors[G] Acceptance by Impaired Classes[H] Full Payment of Priority Claims[I] Acceptance by One Impaired Class[J] Feasibility of Plan[K] Payment of Bankruptcy Fees[L] Continuation of Retirement Benefits[M] Individual Chapter 11 Debtors[N] Transfer of Property by Non-Profit Organization
§ 19.11 Confirmation Over Objection of an Impaired Class; Cramdown[A] Acceptance by One Impaired Class[B] Fair and Equitable — The Absolute Priority Rule[C] New Value Exception to Absolute Priority Rule[D] Unfair Discrimination[E] Valuation of the Debtor[F] Going Concern Sales
§ 19.12 Modification of Chapter 11 Plans[A] Pre-Confirmation Modification of Chapter 11 Plan[B] Post-Confirmation Modification of Chapter 11 Plan
§ 19.13 Post-Confirmation Issues[A] Effect of Confirmation[B] Revocation of Confirmation[C] Implementation of the Plan[D] Bankruptcy Court Jurisdiction After Confirmation[E] Individual Debtors
§ 19.14 Small Business Debtors[A] Small Business Debtor Defined[B] Expedited and Simplified Procedures for Small Business Debtors[C] Expanded Reporting in Small Business Cases
§ 19.15 Railroad Reorganizations
Chapter 20 · Family Farmers and Family Fishermen Reorganization Under Chapter 12
§ 20.01 Goals of Family Farmers and Family Fishermen Reorganization
§ 20.02 Filing, Conversion, and Dismissal of Chapter 12 Cases[A] Chapter 12 Filing[B] Conversion and Dismissal
§ 20.03 Role of the Parties in Chapter 12[A] Chapter 12 Debtor-in-Possession[B] Chapter 12 Trustees[C] Creditors in Chapter 12 Cases
§ 20.04 Property of the Chapter 12 Estate
§ 20.05 Automatic Stay — Adequate Protection[A] Adequate Protection in Chapter 12[B] Chapter 12 Co-Debtor Stay
§ 20.06 Use, Sale, and Lease of Property
§ 20.07 Chapter 12 Reorganization Plan[A] Required Chapter 12 Plan Provisions[B] Permissive Chapter 12 Plan Provisions[C] Duration of Chapter 12 Plans[D] Chapter 12 Treatment of Priority Claims[E] Chapter 12 Treatment of Unsecured Claims[F] Secured Claims in Chapter 12
§ 20.08 Confirmation of Chapter 12 Plans
§ 20.09 Effect of Confirmation of Chapter 12 Plan
§ 20.10 Modification of Chapter 12 Plans[A] Modification Prior to Confirmation[B] Modification After Confirmation
§ 20.11 Revocation of Chapter 12 Plan Confirmation
Chapter 21 · Role of Professionals in Bankruptcy Proceedings
§ 21.01 Professionals in Bankruptcy Cases
§ 21.02 Employment of Professionals[A] Prior Court Approval[B] Meaning of “Professional Persons”[C] Conflicts of Interest[D] Disclosure of Pre-Petition Fees
§ 21.03 Professionals’ Fees
§ 21.04 Key Employees
§ 21.05 Regulation of Bankruptcy Lawyers as “Debt Relief Agencies”[A] Debt Relief Agencies[B] Restrictions on Debt Relief Agencies
§ 21.06 Bankruptcy Petition Preparers
Chapter 22 · Transnational Bankruptcy
§ 22.01 Cross Border Insolvency[A] Issues in Cross Border Insolvency[B] Cooperative Territorialism[C] Modified Universalism[D] Universal Proceduralism
§ 22.02 Ancillary and Parallel Bankruptcy Proceedings
§ 22.03 Chapter 15 of the Bankruptcy Code[A] Foreign Bankruptcy Proceedings: Main and Nonmain Proceedings[B] “Recognition” of Foreign Bankruptcy Proceedings[C] Effect of Recognition of Foreign Proceeding[D] Rights of Foreign Creditors[E] Commencement of a Parallel Proceeding[F] Cooperation and Coordination with Foreign Courts and Foreign Representatives[G] Concurrent Proceedings
Chapter 23 · Special Uses of Bankruptcy
§ 23.01 Special Uses of Bankruptcy
§ 23.02 Mass Torts[A] Future Claims[B] Claims Trusts[C] Estimation of Future Claims[D] Bankruptcy of Religious Organizations
§ 23.03 Employees’ Rights: Collective Bargaining Agreements and Retirement Benefits[A] Rejection of Collective Bargaining Agreements[B] Retired Employees’ Health Insurance Benefits
§ 23.04 “Single Asset” Real Estate Cases
§ 23.05 Consolidation of Cases of Related Debtors[A] Joint Administration[B] Substantive Consolidation
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