The New Bankruptcy Code, Second Edition |
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This new Second Edition of The New Bankruptcy Code reports on the changes Congress made to bankruptcy laws in 2005 by taking a look at reported case law, unreported cases, and pulled orders, and also offers answers to commonly-asked questions. This essential guidebook, written in an engaging question and answer format, is a must-have for practitioners in the trenches. Key issues addressed include: Are attorneys debt relief agencies under BAPCPA?; What are the consequences of serial filing on termination of the stay?; Did BAPCPA eliminate the "Ride-Through Option?"; and much more.
Table of Contents
*Bankruptcy Code: Chapter 1
*Bankruptcy Code: Chapter 3
*Bankruptcy Code: Chapter 5
*Bankruptcy Code: Chapter 7
*Bankruptcy Code: Chapter 11
*Bankruptcy Code: Chapter 13
*Bankruptcy Code: Chapter 15
*New Deadlines
*New Forms
*Update of Additional Cases including Bankruptcy Code: Chapter 12
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In April, 2005, Congress made significant changes to almost every chapter of the Bankruptcy Code. As of the time this book is going to press, however, there is a great deal of reported case law on selected provisions of Chapters 7 and 13, but little reported case law on other chapters, including those that affect Chapter 11 cases. For that reason, we have varied our approach to different provisions. In some cases, we have emphasized the reported case law. With respect to Revised Code provisions that have their greatest effect on Chapter 11 cases, however, we have looked at the unreported cases and pulled orders (sometimes motions) relating to selected specific provisions so that practitioners could have them handy. Frankly, given the sparse case law, I myself would pull the unreported orders for drafting ideas, so I felt it would be helpful to have selected orders easily available for others.
It bears emphasis, however, that the cases discussed that have not been reported are not binding precedent, and we are including them only because the reported case law, as of this writing, is so sparse. It also bears emphasis that unreported cases could have turned on facts that are not clear from the papers alone. Moreover, be aware that although some practitioners will cite unreported cases when there are few or no reported cases, some courts adamantly oppose that practice. In other words, proceed with caution.
Note also that at this time, there are many Revised Code provisions for which there is neither a body of reported cases or, for that matter, unreported orders that we were reasonably able to locate, that could be examined. This is particularly true with respect to amendments to the Code that address issues that typically arise late in a case, such as preference or fraudulent transfer issues. For that reason, this book really does not address those changes.
Finally, because the law is developing so quickly, we have included a final few pages- typeset at the last moment- with a last minute update. While these pages are obviously not integrated into the book to the same extent as the discussion of topics, we nevertheless felt that these blurbs will come in handy. As always, I welcome your feedback.
SALLY MCDONALD HENRY
(shenry@skadden.com)
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