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getting paid, how to collect from bankrupt debtors (2003)

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  • Table of Contents

  • 1. How to Use This Book

    • A. Who Should Use This Book

    • B. Choosing Which Chapters to Read

  • 2. How Bankruptcy Works

    • A. Introduction to Bankruptcy Procedures and Players

    • B. What All Bankruptcies Have in Common

    • C. What Distinguishes Each Type of Bankruptcy

  • 3. Finding Out the Debtor Has Gone Bankrupt

    • A. Notice from the Bankruptcy Court

    • B. Informal Notice

  • 4. The Automatic Stay

    • A. What the Automatic Stay Stops You From Doing

    • B. Exceptions to the Automatic Stay

    • C. Results of Violating the Automatic Stay

    • D. Asking the Court to Lift the Automatic Stay

    • E. When the Automatic Stay Will End

  • 5. Examining the Bankruptcy Papers

    • A. Obtaining the Bankruptcy Schedules and Statements

    • B. What the Debtor’s Paperwork Should Include

    • C. Playing Detective With the Debtor’s Paperwork

    • D. Using the Information You Find

  • 6. The Meeting of Creditors and Other Communication With the Debtor

    • A. Permissible Contact Outside the First Creditors’ Meeting

    • B. The Meeting of Creditors

    • C. Requesting a Meeting to Finish Your Questions (Rule 2004)

  • 7. Filing and Defending Your Proof of Claim

    • A. Who Can File a Proof of Claim?

    • B. The Benefits of Filing a Proof of Claim

    • C. Deadline for Filing a Proof of Claim

    • D. If You Miss the Filing Deadline

    • E. How to File a Proof of Claim

    • F. Where to File the Proof of Claim

    • G. How to Defend Your Claim

    • H. How to Object to Another Creditor’s Claim

    • I. How to Sell Your Claim

  • 8. Getting Payment for Secured Claims

    • A. Determining Whether You Have a Valid Lien

    • B. Making Sure You’ve Advised the World About Your Lien (“Perfected” It)

    • C. What Your Collateral Is Worth

    • D. How Secured Creditors’ Rights Are Affected by the Debtor’s Choice of Chapter

    • E. Finding Ways Around the Automatic Stay

    • F. How the Debtor May Redeem the Collateral

    • G. How the Debtor May Reaffirm the Debt

    • H. How Liens Can Be Eliminated During Bankruptcy

    • I. Defending Motions to Avoid Your Lien

    • J. Combating Serial Bankruptcy Filings

    • K. Pursuing Your Rights After the Bankruptcy

  • 9. Claims That Can’t Be Wiped Out Through Bankruptcy

    • A. Claims that Survive Bankruptcy If You Prove Certain Facts

    • B. Claims That Survive Bankruptcy Automatically

    • C. Different Nondischargeability Rules When Debtors File Under Chapter 13

  • 10. Filing Motions and Complaints in Bankruptcy Court

    • A. What Could Go Wrong in Handling a Dispute on Your Own

    • B. Strict Rules Governing Formatting and Paperwork

    • C. Adversary Proceedings

    • D. Contested Proceedings

  • 11. Responding to Motions and Complaints

    • A. How to Respond to a Motion

    • B. Typical Motions and Responses

    • C. How to Respond to a Complaint

    • D. Typical Complaints and Answers

  • 12. How To Torpedo an Undeserving Bankruptcy

    • A. Dismissal Based on Debtor’s Ineligibility

    • B. Dismissal Based on Debtor’s Behavior (“For Cause”)

    • C. Denial of Discharge

    • D. Revocation of an Earlier-Granted Discharge

  • 13. The Creditor’s Role in a Reorganization Case

    • A. Overview of Reorganization Case Rules

    • B. Chapter 13 Reorganization Plans

    • C. Chapter 12 Reorganization Plans

    • D. Chapter 11 Reorganization Plans

  • 14. Conversions Between Bankruptcy Chapters

    • A. Cases Eligible for Conversion

    • B. Conversions from Chapter 7 to a Reorganization Chapter

    • C. Conversions from Chapter 11 to Chapter 7

    • D. Conversions from Chapters 12 and 13 to Chapter 7

    • E. What Happens After a Conversion to Chapter 7

    • F. Conversions Between Reorganization Chapters

  • 15. Prepetition Transfers: How to Keep Payments You’ve Already Received

    • A. Transfers Subject to Recapture (Avoidance)

    • B. Defending Yourself Against Avoidance Actions

    • C. Avoidance Actions Against Your Fellow Creditors

  • 16. Creditors’ Rights After the Bankruptcy Ends

    • A. The Effect of the Bankruptcy Discharge

    • B. Opportunities for Creditors When Not All Claims Were Discharged

    • C. Recovering Your Collateral

    • D. Collecting Claims from Nonbankrupt Codebtors

    • E. Accepting Voluntary Payments from the Debtor

    • F. Seeking Criminal Prosecution of the Debtor

    • G. Requesting Revocation of the Discharge

  • 17. Minimizing Future Bankruptcy Losses

    • A. Diversify Your Customer Base

    • B. Get Credit Applications from New Customers

    • C. Require a Cosigner or Guarantor

    • D. Obtain Collateral

    • E. Cash All Checks Promptly

    • F. Keep Close Tabs on Customers

    • G. Know When to Sue

  • 18. Forcing Debtors Into Bankruptcy

    • A. Grounds for Filing an Involuntary Bankruptcy Petition

    • B. Who Can File an Involuntary Bankruptcy Petition?

    • C. Considering Whether to File an Involuntary Petition

    • D. Immediate Effect of Filing an Involuntary Petition

    • E. Treatment of Creditors with Postpetition, Predecision Claims

    • F. The Court’s Decision

  • 19. Legal Help Beyond This Book

    • A. When to Use Bankruptcy Lawyers

    • B. Law Libraries

    • C. Online Legal Resources

  • Appendix

    • Schedule A: Real Property

    • Schedule B: Personal Property

    • Schedule C: Property Claimed as Exempt

    • Schedule D: Creditors Holding Secured Claims

    • Schedule E: Creditors Holding Unsecured Priority Claims

    • Schedule F: Creditors Holding Unsecured Nonpriority Claims

    • Schedule G: Executory Contracts and Unexpired Leases

    • Schedule H: Codebtors

    • Schedule I: Current Income of Individual Debtor(s)

    • Schedule J: Current Expenditures of Individual Debtor(s)

    • Statement of Financial Affairs

    • Statement of Intention

  • Index

  • Related Products

Nội dung

[...]... for getting customers to pay up well before they go bankrupt 1/6 GETTING PAID: HOW TO COLLECT FROM BANKRUPT DEBTORS Chapter 18: Forcing Debtors Into Bankruptcy Would you have a greater chance of getting paid if the person who owes you money just went ahead and filed for bankruptcy? There are rare situations in which this is true This chapter explains when you might want to file an involuntary bankruptcy... Keep While, in concept, most of what the debtor owns gets heaped into the bankruptcy estate, the law actually allows debtors to keep some of their possessions To hang onto any particular item of property, the debtor must show that it 2/8 GETTING PAID: HOW TO COLLECT FROM BANKRUPT DEBTORS falls into one of the various exemption categories Of course, the debtor can only claim an exemption in as much of... telling debtors how to protect property by claiming it as exempt, we’ll show you how to check the legitimacy of the exemptions claimed by the debtor And, instead of describing how to create a reorganization plan, we’ll tell you how to make sure you get the most out of the reorganization plan proposed by the debtor If you’re looking for a guide to filing for bankruptcy, see, for example: • How to File... “un-file.” However, bankruptcy courts will usually deny debtors request for dismissal if unsecured creditors stand to receive something on their claims if the case is kept open HOW BANKRUPTCY WORKS Trustees and creditors may also ask the bankruptcy court to dismiss debtors cases Usually, a motion to dismiss is filed by the trustee, based on the debtor’s failure to obey the rules of the bankruptcy... 2/12 GETTING PAID: HOW TO COLLECT FROM BANKRUPT DEBTORS A few weeks after the debtor files for bankruptcy, the trustee will hold a “meeting of creditors.” The purpose is to examine the debtor and review the bankruptcy schedules and statements Any creditor may appear (with or without an attorney) and question the debtor at this meeting (See Chapter 6 for more on preparing for the creditors’ meeting.) Most... Introduction to Bankruptcy Procedures and Players Bankruptcy exists to help debtors (the people who owe money) while simultaneously protecting their creditors (the people to whom the money is owed) Bankruptcy helps debtors by allowing them to avoid paying some or all of their bills or debts In technical terms, the law allows them to “discharge” their legal obligation to pay Bankruptcy protects creditors by... main chapters of bankruptcy, let’s look at what features they have in common This section will cover: • the petition that starts off the case (Section 1) • the automatic stay (Section 2) • how creditors normally learn about the bankruptcy (Section 3) • what property will be subject to the bankruptcy (Section 4) 2/6 GETTING PAID: HOW TO COLLECT FROM BANKRUPT DEBTORS • what property the debtor can keep (Section... notices Chapter 4: The Automatic Stay This chapter is a must-read for everyone The very moment a debtor files for bankruptcy, something called the automatic stay goes into effect Anything you do to collect your claim after that violates federal law Read this chapter so you don’t waste time and money by improperly pursuing the debtor 1/4 GETTING PAID: HOW TO COLLECT FROM BANKRUPT DEBTORS Chapter 5: Examining... con- 2/10 GETTING PAID: HOW TO COLLECT FROM BANKRUPT DEBTORS version is that the newly chosen chapter must be one under which the debtor could have filed originally After the debtors use up their one free pass, they are not allowed to convert again without court approval Conversion isn’t always voluntary Creditors and trustees may ask the bankruptcy court to convert a reorganization case to a Chapter... TO USE THIS BOOK without an attorney’s help, others aren’t so straightforward For example, asking the court to refuse to allow a debtor to wipe out his debt to you, or to force a debtor into involuntary bankruptcy are best done with an attorney’s help Throughout this book, we’ve done our best to point out the situations in which you’d benefit from hiring an attorney How to find a good one is discussed . up well before they go bankrupt. 1/6 GETTING PAID: HOW TO COLLECT FROM BANKRUPT DEBTORS Chapter 18: Forcing Debtors Into Bankruptcy. Would you have a greater chance of getting paid if the person. 19/11 Appendix Index CHAPTER 1 How to Use This Book A. Who Should Use This Book 1/2 B. Choosing Which Chapters to Read 1/3 1/2 GETTING PAID: HOW TO COLLECT FROM BANKRUPT DEBTORS P eople who go bankrupt and can’t pay. debtor. 1/4 GETTING PAID: HOW TO COLLECT FROM BANKRUPT DEBTORS Chapter 5: Examining the Bank- ruptcy Papers. After filing for bank- ruptcy, debtors must make lengthy and detailed disclosures to the bankruptcy court.

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