This nuanced guide equips attorneys with a detailed analysis on bankruptcies under Chapter 7, Chapter 12, and Chapter 13, exploring dischargeability, creditor rights, trustee responsibilities, and critical statutes, including §707 and the Bankruptcy Abuse Prevention and Consumer Protection Act.
Attorneys representing consumer bankruptcy clients will find a trove of guidance in this handbook on bankruptcies under Chapter 7, Chapter 12, and Chapter 13. For the practitioner looking for direction or a reminder on starting a consumer bankruptcy, the first chapter is dedicated to the beginning of the process. Statutes such as Bankruptcy Code §707 and the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 are examined, and concepts such as redemption, reaffirmation, and abandonment are explained. Provisions for discharge and dischargeability in the Bankruptcy Code are also explored. Better know a creditor’s rights and the role of a trustee, as well as claims and how they’re prioritized. Information on both attorneys’ fees and trustees’ fees is also included. Editable forms and checklists are provided for the reader’s convenience.
Chapter 1 — Getting a Consumer Bankruptcy Started
David M. Madden, Madden Law LLC, Lisle
Chapter 2 — Bankruptcy Code §707 and the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
David M. Madden, Madden Law LLC, Lisle
Chapter 3 — Redemption, Reaffirmation and Abandonment
Sumner A. Bourne, Rafool & Bourne, P.C., Peoria
Chapter 4 — Discharge and Dischargeability: In Search of the Holy Grail
Richard G. Larsen, Springer Larsen, LLC, Wheaton
Chapter 5 — Filing a Chapter 7 Petition and Exemptions
Carolina Y. Sales Robbins DiMonte, Ltd., Park Ridge
Chapter 6 — Claims and Priorities
David P. Leibowitz, Law Offices of David P. Leibowitz, LLC, and Justin R. Storer, Law Office of William J. Factor, Ltd., Chicago
Chapter 7 — Chapter 12 Bankruptcy Tips and Procedures
Darron M. Burke, Barrick, Switzer, Long, Balsley & Van Evera, LLP, Rockford
Chapter 8 — Chapter 13
Charles F. Kinzer, Geraci Law, LLC, Chicago
Chapter 9 — The Trustee’s Duties and Functions
Laura Koeneman Grandy, Judge, United States Bankruptcy Court for the Southern District of Illinois, and Rebecca S. Brown, Bankruptcy Court for the Southern District of Illinois, East St. Louis
Chapter 10 — Creditors' Rights
Cindy M. Johnson, Johnson Legal Group, LLC, Chicago
Chapter 11 — Trustees’ and Attorneys’ Fees
Catherine L. Steege, Jenner & Block LLP, Chicago
