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ISBN: 9780769848297
Published: March 02, 2012
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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.

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Table of Contents

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