Featuring indispensable new coverage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, the Practising Law Institute's Bankruptcy Deskbook examines the burdens and benefits of the new law as they pertain to both consumer and business debtors in Chapters 7, 11, 12, and 13, and offers new forms that must accompany petitions.
This edition discusses the Act's controversial two-part means test, including how the standard is applied and who is likely to be disqualified from exploiting the more forgiving provisions of Chapter 7 and required to set up Chapter 13 repayment plans -- new debtor education requirements, including mandated credit counseling and debt management classes -- the court's greater power to dismiss bankruptcy cases outright, convert Chapter 7 cases to Chapter 13 cases, and impose attorney sanctions -- new constraints on corporations during the bankruptcy process -- new debt recovery tools for lenders and businesses -- and many other key provisions of this sweeping new law.
 Introduction to the Deskbook and the Bankruptcy System;
Jurisdiction and Related Topics;
Initiating, Converting, or Dismissing Chapter 7 and Chapter 11 Cases;
Examination of the Debtor and Other Parties;
The Automatic Stay;
Avoidance Powers;
Collection, Disposition, and Distribution of Property of the Estate;
Claims and Interests;
Discharge and Dischargeability;
Ethical Considerations and the Employment and Compensation of Professionals;
Chapter 11;
Adjustment of Debts of a Family Farmer or Fisherman with Regular Annual Income;
Chapter 13;
Litigation and Appeals;
Pleading Forms;
Official Forms.
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