Chapter 13: Practice and Procedure is a comprehensive overview of Chapter 13 law, practice, and procedure and the alternative approaches that the courts have applied in ruling on the complex issues that arise in Chapter 13 cases. Importantly, the authors point out strategic and practical implications that practitioners must understand to provide effective representation for their clients.
The book provides a convenient and useful starting point for experienced practitioners and judges in their analysis of specific problems. At the same time, the book explains the issues so that the practitioner with little or no exposure to bankruptcy or Chapter 13 practice can readily understand the issues that creditors and debtors face in Chapter 13 cases. The book covers the following topics:
- Chapter 1. Introduction to Bankruptcy Law and Chapter 13
- Chapter 2. The Financially Distressed Individual and Bankruptcy Alternatives
- Chapter 3. Introduction to the Chapter 13 Plan
- Chapter 4. Generally Applicable Plan and Confirmation Requirements
- Chapter 5. Plan and Confirmation Requirements: Treatment of Secured Claims and Executory Contracts and Unexpired Leases
- Chapter 6. Plan and Confirmation Requirements: Treatment of Administrative Expenses and Priority Claims
- Chapter 7. Plan and Confirmation Requirements: Treatment of Holders of Unsecured Claims
- Chapter 8. Plan and Confirmation Requirements: Projected Disposable Income Test
- Chapter 9. Confirmation Procedures; Preconfirmation Modification of Plan; Revocation of Confirmation
- Chapter 10. Effect of Confirmation
- Chapter 11. Postconfirmation Modification of Plan
- Chapter 12. Eligibility of Debtor for Relief Under Chapter 13
- Chapter 13. Commencement of Case, Debtor's and Trustee's Duties, and Administration of the Case
- Chapter 14. Property of the Estate, Exclusions, and Exemptions
- Chapter 15. Automatic and Other Stays in Chapter 13 Cases
- Chapter 16. Allocation of Rights and Powers of Chapter 13 Debtor and Trustee
- Chapter 17. Chapter 13 Trustee's Rights, Powers, and Duties
- Chapter 18. Proofs of Claim: Filing, Allowance, and Objections
- Chapter 19. Postpetition Claims in Chapter 13 Cases
- Chapter 20. Conversion or Dismissal of Chapter 13 Case
- Chapter 21. Discharge of Chapter 13 Debtor
- Chapter 22. The Bankruptcy Courts and Bankruptcy Jurisdiction
- Chapter 23. Litigation and procedures in Chapter 13 cases
- Chapter 24. Appeals in Chapter 13
- Table of Laws and Rules
- Table of Cases
- Index