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Personal Bankruptcy Answer Book
 by Hon. William C. Hillman, Margaret M. Crouch
 
 Copyright: 2010

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  • ISBN Number: 9781402413933
  • Page Count: 410
  • Number of Volumes: 1
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Personal Bankruptcy Answer Book is written by William C. Hillman (U.S. Bankruptcy Court Judge, District of Massachusetts) and Margaret M. Crouch (Law Clerk, U.S. Bankruptcy Court, District of Massachusetts) They are the coauthors of PLI’s best-selling Bankruptcy Deskbook, now in a two-volume Fourth Edition.

With personal bankruptcies at an all-time high, every attorney should have a working knowledge of bankruptcy law. Personal Bankruptcy Answer Book provides you with that essential information in an easy-access Q&A format, giving you a strong, practical grasp of Chapter 7 and Chapter 13 bankruptcy standards, procedures, advantages, drawbacks, and challenges. Included is key guidance on filing requirements, document drafting, the complex means test, and Chapter 13 repayment plan formulation.

Gain a useful understanding of provisions of the Bankruptcy Code as they apply to Chapters 7 and 13, including the major impact of the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act.

  Preface
Chapter 1: The Basics of Bankruptcy Law
  • Q 1.1 : What is the basic principle of bankruptcy?2
    • Q 1.1.1 : What is discharge?2
    • Q 1.1.2 : What is jurisdiction?2
    • Q 1.1.3 : What is property of the estate?3
    • Q 1.1.4 : What are exemptions?3
    • Q 1.1.5 : What are the eligibility criteria for bankruptcy?3
    • Q 1.1.6 : What is the automatic stay?3
    • Q 1.1.7 : What are debtors’ duties?4
    • Q 1.1.8 : What are trustees’ duties?4
    • Q 1.1.9 : What is the means test?4
  • Q 1.2 : What are the rules and regulations that govern bankruptcy?5
    • Q 1.2.1 : What is BAPCPA?5
    • Q 1.2.2 : How is the Bankruptcy Code organized?5
  • Q 1.3 : What is the difference between Chapter 7 and Chapter 13?7
    • Q 1.3.1 : How does filing for Chapter 7 bankruptcy work?7
    • Q 1.3.2 : How does filing for Chapter 13 bankruptcy work?8
    • Q 1.3.3 : Can spouses file a joint bankruptcy case?8
    • Q 1.3.4 : Can same-sex couples file a joint bankruptcy case?9
  • Q 1.4 : What is the difference between a bankruptcy case and an adversary proceeding?9
  • Q 1.5 : What is the Bankruptcy Court’s jurisdiction?10
Chapter 2: Ethical Obligations of Debtors' Attorneys
  • Q 2.1 : What does the Bankruptcy Code provide regarding the employment and compensation of attorneys?20
    • Q 2.1.1 : What is a disinterested person?20
  • Q 2.2 : What are the fee disclosure requirements for debtors’ attorneys?20
    • Q 2.2.1 : Are the disclosure requirements of section 329 and Rule 2016(b) mandatory?21
    • Q 2.2.2 : Does the court have power to limit or control attorney compensation?21
  • Q 2.3 : Do attorneys for Chapter 7 debtors have to obtain court authority for their employment?21
  • Q 2.4 : Do attorneys for Chapter 13 debtors have to obtain court authority for their employment or obtain approval of their compensation?22
  • Q 2.5 : Do Chapter 13 debtors have to obtain court authority to employ real estate brokers or attorneys to perform non-bankruptcy services?22
  • Q 2.6 : Are Chapter 7 and Chapter 13 debtors’ counsel considered “debt relief agencies”?23
    • Q 2.6.1 : What is a “debt relief agency”?23
    • Q 2.6.2 : What is an “assisted person”?23
    • Q 2.6.3 : What is “bankruptcy assistance”?23
  • Q 2.7 : What are attorneys’ obligations as debt relief agencies?24
    • Q 2.7.1 : What are the consequences for failing to meet these obligations?24
  • Q 2.8 : How else is a debtor’s attorney subject to sanctions?25
    • Q 2.8.1 : What is a “reasonable investigation”?25
  • Q 2.9 : What priority do state ethics rules have?26
Chapter 3: Debtors' Duties
  • Q 3.1 : What are attorneys’ initial considerations in advising clients about their duties?32
  • Q 3.2 : Who is eligible to file under Chapter 7?33
  • Q 3.3 : Who is eligible to file under Chapter 13?33
    • Q 3.3.1 : What if the debtor has filed prior bankruptcy cases?34
    • Q 3.3.2 : What is “willful failure” to abide by court orders?34
  • Q 3.4 : What are the debtor’s immediate duties?34
  • Q 3.5 : What is a credit counseling briefing?35
    • Q 3.5.1 : Are there exceptions to the credit counseling briefing requirement?35
    • Q 3.5.2 : What are the consequences of failing to meet the credit counseling briefing requirements?36
  • Q 3.6 : What is Official Form 1?37
    • Q 3.6.1 : Does the petition require the debtor to disclose information about a lease of residential real property?37
    • Q 3.6.2 : What other information is required on the petition?38
  • Q 3.7 : How much is the filing fee?38
    • Q 3.7.1 : Do all debtors have to pay the filing fee with the petition?38
    • Q 3.7.2 : Does a debtor who does not qualify for a waiver of the filing fee have other payment options?39
  • Q 3.8 : What other documents must the debtor file in conjunction with the petition?39
    • Q 3.8.1 : Where are the Official Forms located?40
  • Q 3.9 : In preparing the schedules and other required documents, are there forms that need particular care or attention?41
  • Q 3.10 : What happens if the debtor does not file the required documents?42
    • Q 3.10.1 : What should a debtor do to avoid dismissal for failure to file documents?42
  • Q 3.11 : What is a Statement of Intention and why is it so important?43
    • Q 3.11.1 : How do these provisions governing the automatic stay relate to the filing of the Statement of Intention?44
    • Q 3.11.2 : What are the consequences for failure to meet the Statement of Intention filing requirements?45
    • Q 3.11.3 : Does section 362(h) apply to leases?46
  • Q 3.12 : What is the status of the “ride-through”?46
  • Q 3.13 : What is redemption?47
    • Q 3.13.1 : What steps must the redeeming debtor take to stop automatic termination of the stay under section 362(h)?47
    • Q 3.13.2 : What is the proper date for valuation of the collateral—the petition date or the date of the hearing on the redemption motion?48
    • Q 3.13.3 : What valuation standard applies to redemption of property?48
  • Q 3.14 : What are the requirements of an enforceable reaffirmation agreement?48
  • Q 3.15 : What are the debtor’s obligations with respect to tax payments and tax returns?49
    • Q 3.15.1 : What are the consequences for failure to meet these requirements?50
  • Q 3.16 : What other duties do debtors have with respect to the section 341 meeting and other matters?51
  • Q 3.17 : Does the Chapter 7 debtor have to appear in court absent the commencement of an adversary proceeding?51
  • Q 3.18 : What are the debtor’s obligations with respect to Rule 2004 examinations?51
Chapter 4: The Automatic Stay
  • Q 4.1 : How is section 362, governing operation of the automatic stay, organized?62
  • Q 4.2 : What matters does the automatic stay stop?63
  • Q 4.3 : What happens if a creditor takes action in violation of the automatic stay?64
  • Q 4.4 : What are the exceptions to the automatic stay?64
  • Q 4.5 : What practical matters affect individual debtors and exceptions to the automatic stay?67
  • Q 4.6 : How long does the automatic stay last, and what provisions pertain to debtors who have filed multiple bankruptcy petitions?68
  • Q 4.7 : What happens if the debtor has had a single or joint case dismissed in the one-year period preceding his current bankruptcy case?69
  • Q 4.8 : What happens if the debtor has had more than one case dismissed within the year preceding the current bankruptcy case?70
  • Q 4.9 : What other provisions of the Bankruptcy Code affect the duration of the automatic stay?72
  • Q 4.10 : What provisions of section 362 apply to debtors whose residential leases are in jeopardy?72
  • Q 4.11 : How do creditors get relief from the automatic stay?73
  • Q 4.12 : What is cause for relief from stay?74
  • Q 4.13 : When a creditor files a motion for relief from stay, who has the burden of proof?74
  • Q 4.14 : When will the motion be determined if the debtor or the trustee objects?75
  • Q 4.15 : Are there any other grounds for relief from stay?76
  • Q 4.16 : What other provisions of section 362 favor creditors of individual debtors?76
  • Q 4.17 : Do individual debtors have remedies if a creditor violates the automatic stay?76
  • Q 4.18 : Must a secured creditor establish its standing to seek relief from the automatic stay?77
Chapter 5: Chapter 7 Bankruptcy
  • Q 5.1 : What are the eligibility requirements for individual debtors seeking Chapter 7 relief?87
    • Q 5.1.1 : What does the prerequisite for credit counseling require?87
    • Q 5.1.2 : Are there any exceptions to this requirement?87
    • Q 5.1.3 : What effect does a prior discharge have on Chapter7 eligibility?88
  • Q 5.2 : What is the “means test”?88
    • Q 5.2.1 : How does the means test work?88
    • Q 5.2.2 : What expenses may be deducted from CMI?89
  • Q 5.3 : Under what circumstances may a Chapter 7 case be dismissed or converted?91
    • Q 5.3.1 : When can a case be dismissed “for cause”?91
    • Q 5.3.2 : What follows a finding of abuse?92
    • Q 5.3.3 : If the presumption of abuse arises, can the Chapter 7 debtor rebut the presumption?92
    • Q 5.3.4 : If the presumption of abuse does not arise or is rebutted, can a Chapter 7 case still be dismissed for abuse?92
    • Q 5.3.5 : What is the role of the U.S. trustee in assessing abuse?93
  • Q 5.4 : How can a Chapter 7 debtor obtain dismissal of his case?94
    • Q 5.4.1 : What is the standard for granting a debtor’s motion to dismiss?94
  • Q 5.5 : Under what circumstances can a Chapter 7 case be automatically dismissed?95
  • Q 5.6 : Is bad faith a grounds for dismissal of a Chapter 7 case?95
  • Q 5.7 : Are there circumstances where the court is prevented from dismissing or converting a Chapter 7 case?96
  • Q 5.8 : Can the debtor convert a Chapter 7 case to a case under Chapter 13?97
  • Q 5.9 : What documents must a debtor file at the beginning of a Chapter 7 case?97
  • Q 5.10 : When do the trustee’s duties begin?98
  • Q 5.11 : What are the Chapter 7 trustee’s duties?98
  • Q 5.12 : How does the trustee distribute money he collects?99
  • Q 5.13 : What is property of the estate?99
    • Q 5.13.1 : What property is specifically excluded from property of the estate?100
    • Q 5.13.2 : Is property held in a trust property of the estate if the debtor is a trustee or a beneficiary?102
    • Q 5.13.3 : What issues related to trust instruments should the Chapter 7 debtor be aware of?103
  • Q 5.14 : Where does the trustee find property of the estate?103
    • Q 5.14.1 : What specifically do Schedules A and B require the Chapter 7 debtor to list?104
  • Q 5.15 : Can the debtor exempt property from the estate?106
  • Q 5.16 : What kinds of property can be exempted from property of the estate?106
    • Q 5.16.1 : What are the federal exemptions under section 522(d)?107
    • Q 5.16.2 : What kinds of federal exemptions are permitted other than the property listed in section 522(d)?109
    • Q 5.16.3 : How is applicable state or local law determined?109
    • Q 5.16.4 : How is a debtor permitted to choose from among the three exemption schemes?109
    • Q 5.16.5 : Other than state and federal exemptions, what other exemptions are available to debtors?110
    • Q 5.16.6 : Can spouses in a jointly administered case each select different exemption schemes?111
    • Q 5.16.7 : What provisions of section 522 circumscribe debtors’ homestead exemptions?111
  • Q 5.17 : What is the procedure for exempting property of the estate?113
    • Q 5.17.1 : Is property exempted immunized against liability for pre-bankruptcy debts?114
    • Q 5.17.2 : Can the debtor avoid liens that impair claimed exemptions?114
    • Q 5.17.3 : What are the requirements for lien avoidance?116
    • Q 5.17.4 : Are there many legal issues arising under section 522(f)?117
    • Q 5.17.5 : Can a Chapter 7 debtor exempt property that the trustee recovers?118
    • Q 5.17.6 : Can the trustee surcharge the debtor’s homestead exemption for debts arising from the debtor’s fraud?118
  • Q 5.18 : What sections of the Bankruptcy Code enable the trustee to augment the debtor’s estate and what sections grant the trustee avoiding powers?118
  • Q 5.19 : What are the trustee’s avoidance powers?119
    • Q 5.19.1 : What avoidance powers are permitted by the “strong-arm” powers?120
    • Q 5.19.2 : How is a trustee permitted to avoid statutory liens?121
    • Q 5.19.3 : … preferential transfers?121
    • Q 5.19.4 : … fraudulent transfers?123
    • Q 5.19.5 : … post-petition transfers?124
    • Q 5.19.6 : … avoidance of liens securing fines, penalties, forfeitures, or multiple, exemplary, or punitive damages?125
    • Q 5.19.7 : What other sections of the Bankruptcy Code enable the trustee to augment the estate?125
    • Q 5.19.8 : Can the trustee compel the debtor or other entities to turn over property of the estate to him?125
  • Q 5.20 : When must the trustee bring avoidance actions?126
  • Q 5.21 : What is the Chapter 7 discharge?126
  • Q 5.22 : How does the Chapter 7 discharge relate to secured claims?126
    • Q 5.22.1 : How does the Chapter 7 discharge relate to the filing of proofs of claim?127
    • Q 5.22.2 : Does a Chapter 7 debtor have standing to object to proofs of claim?127
  • Q 5.23 : What is the effect of the Chapter 7 discharge and how can the debtor enforce it?128
    • Q 5.23.1 : Can the debtor pay discharged debts?128
    • Q 5.23.2 : What are the requirements for an enforceable reaffirmation agreement?128
  • Q 5.24 : Are there debts that are excepted from discharge?130
    • Q 5.24.1 : Are there general principles applicable to all complaints containing objections to the discharge of debts?131
    • Q 5.24.2 : Are default judgments entitled to preclusive effect?132
    • Q 5.24.3 : Can the bankruptcy court enter a money judgment?133
    • Q 5.24.4 : What are section 523(c) debts?133
    • Q 5.24.5 : How do courts establish that a debt is non-dischargeable because of false pretenses, a false representation, or actual fraud under section 523(a)(2)(A)?134
    • Q 5.24.6 : What is the difference between section 523(a)(2)(A) and 523(a)(2)(B)?135
    • Q 5.24.7 : How do courts determine “defalcation” for purposes of non-discharge under section 523(a)(4)?136
    • Q 5.24.8 : How do courts establish a debtor’s “willful and malicious injury” for purposes of non-discharge under section 523(a)(6)?137
  • Q 5.25 : Are there other debts excepted from discharge that are not covered by the procedural requirements for debts under section 523(a)(2), (a)(4), and (a)(6)?138
    • Q 5.25.1 : What kinds of tax debts are excepted from discharge?138
    • Q 5.25.2 : What kinds of debts for luxury goods and cash advances are excepted from discharge?141
    • Q 5.25.3 : How does the Bankruptcy Code allow for exception of debts neither listed nor scheduled?141
    • Q 5.25.4 : What are the requirements for domestic support obligations to be non-dischargeable?141
    • Q 5.25.5 : When are fines and penalties non-dischargeable?142
    • Q 5.25.6 : Are student loans always non-dischargeable?142
    • Q 5.25.7 : How is the non-discharge ability of debts arising from driving while intoxicated verified?143
    • Q 5.25.8 : What are some of the other less common forms of debt that may be excepted from discharge?143
  • Q 5.26 : Are there circumstances when the debtor will be denied a discharge in its entirety?144
    • Q 5.26.1 : Who has the burden of proof in litigation under 11 U.S.C. § 727?147
  • Q 5.27 : Can a debtor’s discharge be revoked?147
    • Q 5.27.1 : Does the bankruptcy court have authority to surcharge or permit the Chapter 7 trustee to surcharge a debtor’s exempt assets if his discharge is denied or if he has refused to abide by an order of the court?148
Chapter 6: Chapter 13 Bankruptcy
  • Q 6.1 : What are the eligibility requirements for Chapter 13 relief?180
  • Q 6.2 : What is “regular income”?181
    • Q 6.2.1 : Who has the burden of establishing receipt of regular income?181
    • Q 6.2.2 : Are “sale plans” permissible in view of the requirement of “regular income”?181
  • Q 6.3 : Are there debt ceilings in Chapter 13 that affect eligibility?182
    • Q 6.3.1 : What do “noncontingent” and “liquidated” mean?183
    • Q 6.3.2 : Is claim splitting permissible for determining whether the debt ceilings for Chapter 13 eligibility are satisfied?183
  • Q 6.4 : How can a previous bankruptcy filing affect an individual’s eligibility in a new Chapter 13 petition?184
  • Q 6.5 : What are the advantages of filing a Chapter 13 petition?184
  • Q 6.6 : What are the disadvantages of filing a Chapter 13 petition?186
  • Q 6.7 : What practical considerations affect the decision to file a Chapter 13 petition?188
    • Q 6.7.1 : Are there special considerations for debtors involved in business?190
    • Q 6.7.2 : What timing considerations are important in filing a Chapter 13 petition?190
  • Q 6.8 : What documents must a debtor file at the beginning of a Chapter 13 case?191
    • Q 6.8.1 : When must the debtor file his Chapter 13 plan and, generally, what must it contain?193
    • Q 6.8.2 : What are the debtor’s obligations regarding tax returns?194
    • Q 6.8.3 : What is the purpose of the requirement to file tax returns?196
  • Q 6.9 : What is property of the Chapter 13 banrkuptcy estate?196
    • Q 6.9.1 : In what contexts do questions arise about property of the estate in Chapter 13?197
    • Q 6.9.2 : What are the debtor’s rights and obligations with respect to personal property leases?198
  • Q 6.10 : How does the automatic stay affect the debtor’s ability to operate in Chapter 13?198
  • Q 6.11 : What is the co-debtor stay?199
    • Q 6.11.1 : Are there exceptions to the co-debtor stay?199
    • Q 6.11.2 : Can a creditor seek relief from the co-debtor stay?199
  • Q 6.12 : Does the Chapter 13 debtor or the Chapter 13 trustee have avoidance and recovery powers?200
  • Q 6.13 : Who are the players in the Chapter 13 process?201
  • Q 6.14 : What are the roles of the debtor and the debtor’s attorney?201
    • Q 6.14.1 : What are the Chapter 13 debtor’s duties with respect to notices?201
    • Q 6.14.2 : What are the Chapter 13 debtor’s duties with respect to the commencement of payments?202
    • Q 6.14.3 : What are the Chapter 13 debtor’s duties with respect to the payment of attorney fees?203
  • Q 6.15 : What is the role of the Chapter 13 trustee?204
    • Q 6.15.1 : How is the Chapter 13 trustee compensated?205
    • Q 6.15.2 : What are the Chapter 13 trustee’s duties with respect to domestic support obligations?205
    • Q 6.15.3 : Does the Chapter 13 trustee’s opinion carry weight with the court?206
    • Q 6.15.4 : Does the Chapter 13 trustee have judicial immunity?206
  • Q 6.16 : What are the roles of secured creditors?207
    • Q 6.16.1 : What rights do secured creditors have?208
    • Q 6.16.2 : Can mortgage lenders collect fees, costs, and charges from Chapter 13 debtors?208
  • Q 6.17 : What are the roles of unsecured creditors?210
  • Q 6.18 : What must a debtor consider in formulating and obtaining confirmation of a Chapter 13 plan?210
  • Q 6.19 : What plan provisions are mandatory?211
  • Q 6.20 : What plan contents are discretionary?212
  • Q 6.21 : What is the applicable commitment period, and how does it affect the duration of the debtor’s plan?214
    • Q 6.21.1 : What happens if the debtor has no disposable income?215
  • Q 6.22 : What practical considerations affect formulation of a Chapter 13 plan?216
    • Q 6.22.1 : What issues arise with respect to retirement accounts?216
  • Q 6.23 : What are the general requirements for confirmation of a Chapter 13 plan?217
    • Q 6.23.1 : When is the confirmation hearing held?218
    • Q 6.23.2 : What happens if a creditor files an objection to the plan?219
    • Q 6.23.3 : How must the plan comply with the Bankruptcy Code?219
    • Q 6.23.4 : What fees are required to have been paid?220
    • Q 6.23.5 : What is the good-faith requirement?220
    • Q 6.23.6 : How does a court evaluate good faith?221
    • Q 6.23.7 : What is the best-interests test, and how does it relate to confirmation?223
    • Q 6.23.8 : How does the court evaluate the feasibility of a Chapter 13 plan?223
    • Q 6.23.9 : What confirmation requirements relate to tax returns?224
  • Q 6.24 : How must priority claims be treated in Chapter 13 plans?224
    • Q 6.24.1 : Which domestic support obligations receive priority?225
    • Q 6.24.2 : When must administrative expenses be paid?225
    • Q 6.24.3 : How does an attorney’s priority claim for payment of administrative/attorney fees affect the availability of funds for plan distributions to lienholders?226
  • Q 6.25 : What must an unsecured creditor do in order to participate in distributions under the Chapter 13 plan?227
  • Q 6.26 : Can the debtor separately classify unsecured claims?228
    • Q 6.26.1 : What issues related to classification of unsecured debt should a debtor be aware of?228
  • Q 6.27 : Can an unsecured creditor or the Chapter 13 trustee object to the debtor’s Chapter 13 plan?229
  • Q 6.28 : How does a debtor satisfy the best-efforts test?229
  • Q 6.29 : What is the “applicable commitment period”?230
  • Q 6.30 : What is “disposable income”?230
    • Q 6.30.1 : How are “amounts reasonably necessary to be expended” determined?230
    • Q 6.30.2 : What are “National and Local Standards”?231
    • Q 6.30.3 : What monthly expenses are above-median-income debtors allowed under BAPCPA’s means test?232
    • Q 6.30.4 : Is “projected disposable income” the same as “disposable income”?233
    • Q 6.30.5 : Is an ownership expense for an unencumbered automobile owned by an above-median-incomedebtor a reasonably necessary expense?237
    • Q 6.30.6 : Can an above-median-income debtor calculate his Chapter 13 plan payment by deducting from his income the IRS Local Standard housing expense even though the debtor’s actual housing expense is substantially less?241
    • Q 6.30.7 : Is the debtor allowed a deduction for secured debt payments when the collateral is being surrendered?241
    • Q 6.30.8 : Is the applicable commitment period temporal or monetary?244
    • Q 6.30.9 : Should the Internal Revenue Manual and other IRS materials be consulted to determine whether an expense deduction is properly taken?244
    • Q 6.30.10 : Are expense deductions for multiple vehicles permissible?245
    • Q 6.30.11 : Are college tuition and support for children reasonable and necessary expenses?245
    • Q 6.30.12 : What other income- and expense-related topics are unsettled?245
  • Q 6.31 : Is a secured creditor required to file a proof of claim?246
  • Q 6.32 : How may a Chapter 13 debtor’s plan modify the rights of secured creditors?246
  • Q 6.33 : How must the debtor’s plan treat the claims of secured creditors in Chapter 13?246
    • Q 6.33.1 : What valuation standard is used in cram-down cases?248
  • Q 6.34 : Do equal monthly payments under the cram-down provision preclude balloon payments to secured creditors?248
    • Q 6.34.1 : When must equal monthly payments begin?248
    • Q 6.34.2 : What constitutes an equal payment?249
  • Q 6.35 : What is the hanging paragraph?250
  • Q 6.36 : Under what circumstances is a creditor protected under the hanging paragraph?251
  • Q 6.37 : How does the hanging paragraph work when the vehicle is surrendered?251
    • Q 6.37.1 : When the debtor proposes to surrender the collateral, is the deficiency for a 910 claim extinguished?252
    • Q 6.37.2 : Is a 910 claim a secured claim?253
    • Q 6.37.3 : If bifurcation is not permitted, can the interest rate and term of the loan be modified?254
    • Q 6.37.4 : Can the debtor bifurcate a 910-day claim in his plan if the creditor does not object?255
    • Q 6.37.5 : What is a “purchase-money security interest”for purposes of the hanging paragraph?256
    • Q 6.37.6 : How can it be determined if a holder of a 910 claim has a PMSI?256
    • Q 6.37.7 : How do you count the 910-day period?258
  • Q 6.38 : What is the definition of a “motor vehicle”?258
    • Q 6.38.1 : What does “acquired for the personal use of the debtor” mean?259
    • Q 6.38.2 : How do courts determine whether a motor vehicle has been “acquired for the personal use of the debtor”?259
    • Q 6.38.3 : What does the hanging paragraph clause “or if collateral for that debt consists of any other thing of value” mean?260
  • Q 6.39 : What are some practical considerations for treating secured claims in a Chapter 13 plan?260
  • Q 6.40 : Are there special considerations for the treatment of claims secured by residential real property?262
    • Q 6.40.1 : Why does the Bankruptcy Code provide less protection to a debtor’s home than to his other assets?262
    • Q 6.40.2 : Is it possible for a debtor to bifurcate an undersecured claim on his principal residence without modifying the rights of the secured creditor?262
    • Q 6.40.3 : When should a determination be made as to whether a debtor’s property is his primary residence for purposes of section 1322(b)(2)?263
    • Q 6.40.4 : Can a residential mortgage be modified if there is additional collateral for the loan?263
    • Q 6.40.5 : How can the debtor treat junior mortgages unsupported by equity in the residential real property?264
    • Q 6.40.6 : Is a debtor’s right to cure and maintain payments on long-term debts secured by his principal residence a permissible modification?264
  • Q 6.41 : How are post-petition claims treated in Chapter 13?265
  • Q 6.42 : What is the effect of plan confirmation?266
  • Q 6.43 : Can the debtor modify his Chapter 13 plan prior to confirmation?266
  • Q 6.44 : Can the debtor modify his Chapter 13 plan after confirmation?267
    • Q 6.44.1 : Who is entitled to notice of the plan modification?268
    • Q 6.44.2 : Can a debtor be compelled to modify his plan?268
    • Q 6.44.3 : When is plan modification not permitted?268
  • Q 6.45 : What Bankruptcy Code sections apply to post-confirmation modifications?269
    • Q 6.45.1 : Do the provisions of section 1325(b) apply to post-confirmation modifications?269
  • Q 6.46 : When must the debtor begin payments under his plan?272
    • Q 6.46.1 : What payments must the debtor make?272
    • Q 6.46.2 : Who receives the payments?272
    • Q 6.46.3 : What happens to payments if the plan is not confirmed?273
    • Q 6.46.4 : What happens if the debtor converts his case from Chapter 7 to Chapter 13 and the Chapter 7 trustee is owed compensation?273
  • Q 6.47 : Can the debtor make payments “outside the plan”?274
  • Q 6.48 : What is the scope of the Chapter 13 discharge?275
  • Q 6.49 : What debts are excepted from the Chapter 13 discharge?276
    • Q 6.49.1 : Are nondischargeable debts automatically excepted from discharge?277
  • Q 6.50 : When is the debtor entitled to a discharge in Chapter 13?278
    • Q 6.50.1 : What are the prerequisites for discharge?278
    • Q 6.50.2 : Are there exceptions to the requirement that the debtor complete a financial management course?279
  • Q 6.51 : What is the hardship discharge in Chapter 13?279
  • Q 6.52 : Can a debtor convert his Chapter 13 case to Chapter 7?280
  • Q 6.53 : Can a debtor convert his Chapter 7 case to Chapter 13?280
  • Q 6.54 : Can a debtor dismiss his Chapter 13 case?281
    • Q 6.54.1 : What grounds for conversion or dismissal must creditors or parties in interest establish?282
    • Q 6.54.2 : Are there other grounds for dismissal?283
  • Q 6.55 : Who can or must file a proof of claim in a Chapter 13 case?286
    • Q 6.55.1 : Are there any exceptions to filing requirements for creditors?286
    • Q 6.55.2 : Can proofs of claim be amended?287
    • Q 6.55.3 : What principles govern claims litigation?287
Chapter 7: Index to Personal Bankruptcy Answer Book

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