Bankruptcy Road Map
Bankruptcy Road Map: Navigating the Landscape, Avoiding the Pitfalls
- 1 volume; softbound
- 346 Pages
- Copyright © 2010
- Instant Download! Download an electronic version of the entire book.
- $125.00
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Bankruptcy Road Map: Navigating the Landscape, Avoiding the Pitfalls guides you through the bankruptcy process for both Chapter 7 and Chapter 13 cases. Mapped for the nonbankruptcy practitioner, the journey begins with representation strategies for both debtors and creditors at the time of filing of the bankruptcy petition and ends with the treatment of dischargeability issues. Stops along the way include the automatic stay, means testing, proofs of claim, and avoidance actions.
Bankruptcy Road Map: Navigating the Landscape, Avoiding the Pitfalls digital product is included with purchase and contains the entire book in a hyperlinked and word-searchable PDF file. All tables of contents, cross-references, and indexes are linked to substantive text within the file. Texas and federal case citations are linked to PDF files of the cases and an online version in the Casemaker Web Library. The digital product also features links to Texas and federal statutes. In addition to all this, it includes 12 articles from the TexasBarCLE Online Library.
Summary of Contents
Preface, Elizabeth Freeman
Basic overview of the process with explanations of bankruptcy terminology.
Chapter 1 – Bankruptcy Basics
Discussion of bankruptcy process and procedure, including automatic stay, claims, Chapter 7 and Chapter 13 bankruptcy, avoidance actions, and executory contracts and unexpired leases.
Chapter 2 – Bankruptcy Jurisdiction, Mark A. Chavez
Summary of jurisdictional concepts with discussion of core and noncore matters, “related to” jurisdiction, removal, remand, abstention, and withdrawal.
Chapter 3 – The Automatic Stay, Liz Freeman
Discussion of automatic stay pursuant to section 362, including scope and length, codebtor stay, effect on nondebtor parties and multiparty litigation, relief, and penalties for violation of stay.
Chapter 4 – Basic Consumer Chapters 7 and 13 for the Nonbankruptcy Attorney, Jeffrey Norman
Survey of consumer Chapter 7 and Chapter 13 bankruptcy processes with discussion of debt and assest classification, means testing, credit counseling, role of trustee, section 341 meeting, and dischargeability.
Chapter 5 – Preserving Client Claims against Bankrupts: Proofs of Claim, Patrick Hughes
Discussion of proof of claim, including who may file; when, where, and how to file; whether to file; effect on right to trial by jury; withdrawal of reference; claim objections; withdrawing claims; late filing; and informal proofs of claim.
Chapter 6 – Avoidance Actions and Other Causes of Action against Third Parties, Eric Terry and Abigail Ottmers
Discussion of strong-arm powers, transferability of avoidance powers, preferences, defenses to preference action, “new value” defense, postpetition transfers, deepening insolvency, fraudulent transfers, and control issues.
Chapter 7 – Property of the Estate, Elizabeth Guffy
Discussion of property interests acquired after bankruptcy filing, exempt property, community property, specific types of property and interests, rights held by trustee or debtor in possession, liens, and postpetition transfers.
Chapter 8 – Employment and Compensation of Professionals, Roger S. Cox
Treatment of retention; compensation; reasonableness of compensation; procedure; and Chapter 7, Chapter 11, and Chapter 13 issues. Discussion of various professionals commonly employed. Appended with guidelines and standing orders, cases of interests, and useful Web sites.
Chapter 9 – Treatment of Certain Tax Claims in Consumer Cases and Student Loans, Craig Gargotta
Discussion of tax claims under Chapter 7 and Chapter 13, dischargeability considerations in consumer cases, and special tax issues in consumer cases. Includes summary of student programs and loans.
Chapter 10 – Reorganization under Chapter 11, Lee Morris
Discussion of Chapter 11 bankruptcy, including eligibility requirements, debtor in possession, unsecured creditors’ committee, trustees, examiners, governmental representatives, operation of business in bankruptcy, claims and equity interests, and plan formulation and confirmation.
Selected Bibliography
Statutes & Rules Cited
Cases Cited
Subject Index
Electronic Files Documentation
Reviews
“A great basic resource and guide for those who don’t regularly practice in the Bankruptcy Court.”
Daniel J. Goldberg, Chair of the Texas Collections Manual Committee
Ross, Banks, May, Cron & Cavin P.C.
Houston, TX
“A comprehensive and useful guide of first resort for the new or nonbankruptcy practitioner. I highly recommend it.”
John E. Smith & Associates, P.C.
Houston, TX
“Bankruptcy Road Map is a great reference tool for any nonbankruptcy counsel or for the attorney new to the bankruptcy practice. It is well organized and comprehensive and provides ready answers to some common bankruptcy issues. Contributions by some outstanding bankruptcy attorneys and the Honorable Craig Gargotta makes this book a must-have.”
Steven D. Shurn, Partner at Hughes Watters Askanase, L.L.P.
Houston, TX
