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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Financial law > Bankruptcy & insolvency law
Tenth Edition, (2014) This revised and updated Chapter 11
bankruptcy book for attorneys / lawyers contains everything an
attorney needs to know to successfully prosecute a Chapter 11
bankruptcy case. It contains commentary and instructions on the
preparation, filing and handling of small business cases under
Chapter 11 of the Bankruptcy Code. It covers the filing and
handling of Chapter 11 cases for small businesses and individuals
in any state or district. Ideal for attorneys with all levels of
familiarity with Chapter 11, from attorneys who may not be familiar
with Chapter 11 practice, to experienced attorneys. This handbook
has helped more than 10,000 attorneys expand and perfect their
practice nationwide. This handbook contains: Instructions on
handling every aspect of a Chapter 11 case, from the initial
interview to the closing of the case The complete text of the
Federal Bankruptcy Rules and all applicable chapters of the
Bankruptcy Code revised to January 1, 2014 Samples of the
petitions, schedules, statements, motions and other documents used
in Chapter 11 cases Informative questions and answers about Chapter
11 Workouts and other nonbankruptcy alternatives An explanation of
the employment and compensation of the debtor's attorney in a
Chapter 11 case An explanation of when Chapter 11 is preferable to
Chapter 7 or 13 An explanation of how to prepare and obtain
approval of a Plan of Reorganization and a Disclosure Statement An
explanation of the confirmation process in Chapter 11 cases Every
book comes with a download of bonus content including a pdf copy of
the Bankruptcy Code, all exhibits from the book, and more
This latest edition of The Consumer Bankruptcy Handbook is current
to January 1, 2014 and covers all aspects of handling Chapter 7 and
Chapter 13 cases. Every Attorney Needs a Copy of Argyle's Consumer
Bankruptcy Handbook. Argyle's Attorney's Handbook on Consumer
Bankruptcy and Chapter 13 is a required resource for all civil
attorneys. It's no wonder this book has been Argyle's bestseller
for 38 years. This Handbook empowers you to competently handle a
client's Chapter 7 or 13 bankruptcy, or to represent a creditor in
one of these proceedings. This Handbook shows you how to: Analyze a
client-debtor's financial situation and analyze nonbankruptcy
alternatives. Understand the difference between Chapters 7 and 13
bankruptcies Conduct a means-test to determine eligibility under
Chapter 7 Interview a potential client-debtor. Prepare Chapter 7
bankruptcy forms, including official forms Prepare Chapter 13
bankruptcy forms, including official forms Claim all exemptions to
which your client is entitled Analyze the automatic stay Reaffirm
dischargeable debts. Dismiss or convert a case to another Chapter.
Prepare a confirmable Chapter 13 Plan The perfect "nuts and bolts"
practice guide, exemption manual, Bankruptcy Code, and Rules all in
one package. This handbook is perfect for attorneys seeking to
expand their practice into consumer bankruptcy, or is a handy desk
reference for experienced bankruptcy lawyers. This 467-page
handbook contains: Exemption amounts for all 50 states with
statutory references-over 2,300 separate exemptions All changes in
bankruptcy law, practice, and procedure current to January 1, 2014
related to the handling of Chapter 7 and Chapter 13 consumer cases;
The relevant text of the Bankruptcy Code current to January 1,
2014; The notices and disclosures required of attorneys under the
Bankruptcy Code; Expanded bankruptcy work sheets and updated lists
of exempt property for each state current to January 1, 2014;
Filled-in sample forms required under the Bankruptcy Code (more
than 35 filled-in forms); The Federal Rules of Bankruptcy
Procedure, current to January 1, 2014. Bonus Material is
Downloadable from Argyle's Website, includes: All Federal
Bankruptcy Forms in "Fillable," Savable PDF format. Entire Text of
the Bankruptcy Code. Entire Text of the Rules of Bankruptcy
Procedure Federal Rules of Evidence Federal Rules of Civil
Procedure Expand your practice area or continue to provide solid
legal advice by staying current with emerging trends in consumer
bankruptcy with this 2014 Edition of the Attorney's Handbook on
Consumer Bankruptcy and Ch. 13.
A workbook for clients of bankruptcy attorneys to assist in the
gathering and organization of documents and information needed to
prepare a bankruptcy petition.
Credit Repair Self Help When it comes to credit repair when you
have found yourself in a bad credit situation, self-help might be
the best route for you to go. It seems we are bombarded daily and
often with companies who claim that they can help you repair your
credit for a small fee and you won't have to worry about it at all.
However, the truth is that self help credit repair is not only
possible, but really the way to go. It isn't as difficult as many
people might think going about repairing your credit yourself. In
fact the newest trend in credit repair actually the self help road.
All you need to do is start by pulling a copy of your credit report
from all three credit reporting bureaus: Experian, Equifax, and
TransUnion. You are entitled to one free credit report per year
thanks to passage of the FACT Act. The other two, you'll have to
pay for, but the fee is usually small - between $10 and $15. After
you get your credit reports, the next self help step is to go
through those reports and check to see that the information is
accurate. Most of the time, there are going to be errors of some
type. These errors can vary from a past due account that has been
paid off to a debt that wasn't yours in the first place.If you find
errors, you need to contact the credit reporting agency both by
phone and in writing. You'll be asked to provide proof of the error
and then they, in turn are required to notify you in writing of
their decision to either remove it from your credit report or leave
it due to insufficient proof. Be diligent in this endeavor. An
accomplished self help credit repair program entails being
aggressive when it comes to your information and the accuracy of
that information.Another part of a self help credit repair program
includes the development of a long-term plan that will help you
keep your credit use under control and a plan for not getting into
credit problems again. Sure, credit counselors can help you do
this, but why pay the money and take the chance that you are
dealing with a less than reputable company? Do a little research
and you'll find that there is plenty of information available on
the Internet as well as software programs that can help you with
your self help credit repair program. Repairing your credit
yourself requires a commitment on your behalf, but in the long run,
you'll be pleased with the results - and knowing that you did it
yourself How to fix your credit How to raise your credit score 700
credit score 600 credit score What is a credit score
Delinquencies? Foreclosure? Problem Solved Foreclosures in Florida
are among the highest in the nation. Hundreds of thousands of
Floridians have lost their homes to foreclosure or are currently
struggling with that process. Finally, a Florida Foreclosure and
Bankruptcy attorney has created a practical step-by-step guide
specifically designed to tame the Florida foreclosure process. In
Save Your Florida Home ... Now, attorney Charles W. Price Cracks
reveals: * 36 ways to save your home, even if you have terrible
credit or are delinquent for months * How to stop the Florida
foreclosure process, dead in its tracks * All the key forms you
need including Sample Answers and Motions to Dismiss. With Charles
Price's easy-to-understand explanations and valuable insights *
Florida foreclosure and legal rules explained in plain English * 9
steps to slash your mortgage payments, even if you are in default
or foreclosure and how to negotiate the deal * How to obtain a
modification using the federal government HAMP program and
little-known private lender modification programs * 8 strategies
for leaving your home smartly and what happens next * How to handle
short sales, including tax liabilities relating to forgiveness of
indebtedness * Bankruptcy - Chapters 7 and 13. What they mean; key
considerations and how and when to use each strategically * The
secret to eliminating your second mortgage * Charles W. Price's
Ultimate Secret: the Florida Combination Strategy that will help
you save your home and slash your mortgage payments to rock bottom.
* How to improve your credit after foreclosure and get another
mortgage using Charles W. Price's exclusive RACE system In Save
Your Florida Home ... Now, attorney Charles W. Price explains in
plain English all of the time-tested techniques and practical
solutions he has used for more than 20 years to save thousands of
Florida homeowners from foreclosure.
Filing for Bankruptcy in 2010 is quite different from what it was
in the past. In 2005 the banking industry changed the rules They
literally spent millions of dollars on their lobbyists in order to
change our bankruptcy laws to their own benefit. The result of this
change was to deprive millions of Americans of the financial
protection the bankruptcy law was written to provide. "Bankruptcy
Bible 2011" has been written to deal with the changes made to our
bankruptcy laws and shows you how to file bankruptcy today with the
same benefits you would have experienced if you had filed prior to
2005 Can you really afford a Chapter 13 Monthly Plan Payment of
$500 to $3,500+ per month that can force you to live at or below
the Poverty Line for a full (5) years without any real benefit to
you? Too many people today are being forced into filing Chapter 13
and end up having to pay a (5) year plan payment they cannot
afford. If being punished by a devastating monthly payment is
something you want to avoid then you need to take action NOW. You
Need to Purchase Bankruptcy Bible 2011 Today and prepare yourself
so that you and your family can avoid the pitfalls of Chapter 13
bankruptcy. When following the steps outlined in "Bankruptcy Bible
2011" you are the one who decides which Bankruptcy Chapter is best
for you rather than what works best for the creditors and banks.
"Bankruptcy Bible 2011" gives you the tools you need in order to
avoid being forced into filing Chapter 13 Bankruptcy when it is of
no real benefit to you. If filing for Chapter 13 is in your best
interest then "Bankruptcy Bible 2011" will show you how to maximize
your position where you can literally save yourself tens of
thousands of dollars in plan payments. Either way ... YOU WIN The
tools provided in "Bankruptcy Bible 2011" actually get you started
with a whole new way of looking at your situation and the best way
to protect yourself and your family through the bankruptcy process.
"Bankruptcy Boot Camp 2010" is two powerful bankruptcy tools in one
package; "Ultimate Bankruptcy 2010" in combination with "10 Big
Mistakes You Want to Avoid" supplies you with everything you need
to come out on top. Remember, "You're not in Kansas Anymore" in the
post 2005 Bankruptcy Court and you need to be armed with everything
available to protect yourself. Bankruptcy Boot Camp 2010 arms you
with everything you need to deal with the bankruptcy revisions made
by the Banking Industry in 2005 This book is a must have item for
anyone even thinking about filing for bankruptcy because in 2005
the rules were heavily slanted against the consumer. If you cannot
afford Monthly Plan Payments of $500 to $3,500+ per month then you
need to read this book Most people filing bankruptcy today are
being forced into filing Chapter 13 and end up having to pay a (5)
year plan payment they cannot afford to make. The steps outlined in
"Ultimate Bankruptcy 2010" will show you how to be the one to
determine what Bankruptcy Chapter is best for you even before you
begin the filing process No matter what Bankruptcy Chapter you end
up filing under "Ultimate Bankruptcy 2010" will get you there with
minimum headaches and maximum benefits for you Chapter 7 ... or
Chapter 13 ... either way ... YOU WIN Arm yourself with these
powerful tools and begin the process that will guarantee you
ultimate success with your bankruptcy "Bankruptcy - 10 Big Mistakes
You Want to Avoid" is your Quick Reference Guide to Bankruptcy that
covers far more than just the ten key areas you want to avoid. This
is a Fast Track Bankruptcy Guide that addresses the 10 Mistakes to
Avoid as well as the 10 Essentials you want to seriously consider
and more. The combined power of "Ultimate Bankruptcy 2010" along
with that of "10 Big Mistakes You Want to Avoid" gives you all that
you will need in order to get the absolute most out of your
bankruptcy filing experience.
Please note this book has been updated. The new 38th Edition, 2014,
is available here: http: //amzn.com/1880730677. Argyle's Bestseller
for 37 years running. This 2013 handbook includes a practice guide
for consumer bankruptcy, the applicable text of the Bankruptcy
Code, the Federal Rules of Bankruptcy Procedure, and a
comprehensive table of exemptions for all 50 states. Current to
January 1, 2013. More state bankruptcy exemptions than any other
practice guide - guaranteed. The perfect "nuts and bolts" practice
guide, exemption manual, Bankruptcy Code, and Rules all in one
package. This 467-page handbook contains: Exemption amounts for all
50 states with statuatory references-over 2,300 separate
exemptions; All changes in bankruptcy law, practice, and procedure
current to January 1, 2013 related to the handling of Chapter 7 and
Chapter 13 consumer cases; The relevant text of the Bankruptcy Code
current to January 1, 2013; The notices and disclosures required of
attorneys under the Bankruptcy Code; Expanded bankruptcy work
sheets and updated lists of exempt property for each state current
to January 1, 2013; Filled-in sample forms required under the
Bankruptcy Code (more than 35 filled-in forms); The Federal Rules
of Bankruptcy Procedure, current to January 1, 2013; And more
A simple yet essential guide on how to file for bankruptcy in
Florida. Bankruptcy can solve many financial problems- but not
everything. Whether or not you are getting a lawyer to help you,
you need to know what you are doing in your bankruptcy case so you
don't get burned. Far too often, people file for bankruptcy unaware
of what may happen and how bankruptcy will affect their debts and
assets. After reading this easy-to-understand yet authoritative
guide, you will be able to make a well informed decision about
whether filing for bankruptcy in Florida is right for you. You will
learn the basics of what happens in bankruptcy and what you need to
do, including: What to think about when considering filing for
bankruptcy. When is filing for bankruptcy a mistake. How much it
will cost to file. What documents and information you need for
filing. What property you can keep. What will happen to your house
and/or car. Bankruptcy provides great benefits but it has downsides
as well. The only way to know whether bankruptcy is right for you
is to understand what bankruptcy can and cannot do for you in your
unique circumstances. By reading this guide, you will not only save
yourself hours and hours of stress and agony wondering about
whether bankruptcy can help you. And, what you learn could save you
hundreds, or more likely, thousands of dollars. The thought of
filing a personal bankruptcy case may make you cringe, but it
shouldn't. You should look at it as you would any major financial
decision, such as buying a house, buying a car, or taking a
vacation. You should consider how a filing may affect your life,
how not filing may affect your life and decide which results are
better for you. The only way to do this in Florida is to know the
true consequences before you file. Written by, Ted Connolly, a
nationally-known and respected bankruptcy attorney who has appeared
on national television, including FOX Business News and in national
publications, including USA Today, US News and World Report, and
The Christian Science Monitor, He also co-authored the highly
acclaimed Road Out of Debt: Bankruptcy and Other Solutions to Your
Financial Problems, with Joan N. Feeney, a bankruptcy judge on the
United States Bankruptcy Court for the District of Massachusetts.
This handbook goes in depth on more than 25 of the most difficult
issues in Consumer Bankruptcy and Chapter 13 cases. Completely
updated for 2013 with more than 100 new citations. The issues
covered in the book include: The vulnerability of a debtor's
retirement funds and IRAs in bankruptcy; Dismissals for abuse under
Section 707(b); The dischargeability of divorce-related debts;
Avoiding liens under Section 522(f); The dischargeability of
drunk-driving debts; Avoiding liens under Section 506(d); The
dischargeability of unlisted debts; Redeeming Property under
Section 722; The dischargeability of fraud debts; Identifying
avoidable prefiling transfers; The dischargeability of student
loans; Recovering damages for stay violations; The dischargeability
of malicious injury debts; Curing defaults in Chapter 13 plans; The
dischargeability of tax debts and penalties; And much more
Filing for Bankruptcy in 2010 is quite different from what it was
in the past. In 2005 the banking industry changed the rules They
literally spent millions of dollars on their lobbyists in order to
change our bankruptcy laws to their own benefit. The result of this
change was to deprive millions of Americans of the financial
protection the bankruptcy law was written to provide. "Ultimate
Bankruptcy 2010" has been written to deal with the changes made to
our bankruptcy laws and shows you how to file bankruptcy today with
the same benefits you would have experienced if you had filed prior
to 2005 Can you really afford a Monthly Plan Payment of $500 to
$3,500+ per month that can force you to live at or below the
Poverty Line for a full (5) years without any real benefit to you?
Because of the changes in 2005 most people filing bankruptcy today
are being forced into filing Chapter 13 and end up having to pay a
(5) year plan payment they cannot afford to make. If this is
something you don't want to get stuck with you need to take action
NOW. If you do not prepare yourself you will most definitely pay
the price in more ways than you can imagine. When following the
steps outlined in "Ultimate Bankruptcy 2010" you are the one who
decides which Bankruptcy Chapter is best for you rather than what
works best for the creditors and banks. "Ultimate Bankruptcy 2010"
gives you the tools you need in order to avoid being forced into
filing Chapter 13 Bankruptcy when it is of no real benefit to you.
If filing for Chapter 13 is in your best interest then "Ultimate
Bankruptcy 2010" will show you how to maximize your position where
you can literally save yourself tens of thousands of dollars in
plan payments. Either way ... YOU WIN The tools provided in
"Ultimate Bankruptcy 2010" actually get you started with a whole
new way of looking at your situation and the best way to protect
yourself and your family through the bankruptcy process.
There are several reasons for this book: The physical
inaccessibility of the law: many of the reports are only to be
found in the medieval Year Books, in the'English Reports' and in
unreported cases The linguistic inaccessibility of the older
reports The obscurity of older English court procedures; The
complexity of English enforcement law. Until reformed bailiffs' law
will remain multifarious governed by dozens of statutes and
regulations and thousands of cases. Were that not enough, the law
is further complicated by its division into execution, common law
distress and statutory distraint. This tripartite classification
has practical consequences: There are differences in the personnel
involved: civil court bailiffs, landowners and public bodies;
Differences in specific powers; and, Differences in remedies for
creditors and debtors. As important as the differences listed are,
they can work as much to conceal similarities of procedure as to
alert us to unique features. This book contains a chapter of
statutes and then chapters dealing successively with the key stages
of the enforcement process. Each source (statute or case report) is
supplemented with a commentary discussing its significance and
linking it with other sources quoted here or to other applications
of the principles brought out.
A simple yet essential guide on filing for bankruptcy in
California. Bankruptcy can solve many financial problems- but not
everything. Whether or not you are getting a lawyer to help you,
you need to know what you are doing in your bankruptcy case so you
don't get burned. Far too often, people file for bankruptcy unaware
of what may happen and how bankruptcy will affect their debts and
assets. After reading this easy-to-understand yet authoritative
guide, you will be able to make a well informed decision about
whether filing for bankruptcy in California is right for you. You
will learn the basics of what happens in bankruptcy and what you
need to do, including: What to think about when considering filing
for bankruptcy. When is filing for bankruptcy a mistake. How much
it will cost to file. What documents and information you need for
filing. What property you can keep. What will happen to your house
and/or car. Bankruptcy provides great benefits but it has downsides
as well. The only way to know whether bankruptcy is right for you
is to understand what bankruptcy can and cannot do for you in your
unique circumstances. By reading this guide, you will not only save
yourself hours and hours of stress and agony wondering about
whether bankruptcy can help you. And, what you learn could save you
hundreds, or more likely, thousands of dollars. The thought of
filing a personal bankruptcy case may make you cringe, but it
shouldn't. You should look at it as you would any major financial
decision, such as buying a house, buying a car, or taking a
vacation. You should consider how a filing may affect your life,
how not filing may affect your life and decide which results are
better for you. The only way to do this in California is to know
the true consequences before you file. Written by, Ted Connolly, a
nationally-known and respected bankruptcy attorney who has appeared
on national television, including FOX Business News and in national
publications, including USA Today, US News and World Report, and
The Christian Science Monitor, He also co-authored the highly
acclaimed Road Out of Debt: Bankruptcy and Other Solutions to Your
Financial Problems, with Joan N. Feeney, a bankruptcy judge on the
United States Bankruptcy Court for the District of Massachusetts.
"Bankruptcy - 10 Big Mistakes You Want to Avoid" is a Quick
Reference Guide that is concise and covers a lot more than just the
ten key areas you want to avoid when filing your Bankruptcy. Key
areas include; the importance of pre-planning your bankruptcy,
choosing the bankruptcy chapter that is best for you, pre-screening
you bankruptcy attorney, use of a reliable check list, and a whole
lot more The second important part of this book deals with the ten
key essentials you definitely want to consider when filing for
Bankruptcy. Key areas include; reporting family income, listing of
all creditors, bankruptcy consultations, income tax issues, making
of cash advances on your credit cards, and a whole lot more This
Fast Track Bankruptcy Guide is part of the "Ultimate Bankruptcy
2010" Series which provides the reader with critically important
information necessary for avoiding the headaches and problems
commonly associated with filing Bankruptcy. By utilizing the
information found in this book along with the tools included in
"Ultimate Bankruptcy 2010" you will have everything you need in
order to get the most out of your bankruptcy filing experience.
The authors provide a systematic review of the Chinese Enterprise
Bankruptcy Law's major provisions, from the comparative perspective
of the U.S. Bankruptcy Code in particular. They provide not only a
nuanced understanding of the law, but also insights and practical
recommendations on its meaning and possible application.
A comprehensive yet easy-to-read guide through the intricacies of
the Chapter 11 corporate bankruptcy process. Ideal for executives,
management, board members, and other professionals who need to
become conversant in the corporate bankruptcy process.
The recent crises underscore the need for modern, sophisticated
systems to govern the resolution of business distress, in order to
maximize value in the distressed estate and to protect economic
institutions. This work analyses how legal systems around the world
respond to the general default of business debtors. Inspired by the
approach enshrined in the World Bank's Principles for Effective
Insolvency and Creditor Rights Systems, it emphasizes the close
inter-relationship among various elements of an insolvency regime,
examining them not so much as sets of discrete rules as system-wide
attempts to reconcile competing policy goals. It posits that any
insolvency law pursues the goals of transparency, predictability,
and efficiency, while at the same time seeking to address issues of
fairness and social justice. Within this framework, the authors
examine the principal international approaches to pre-distress debt
collection and security enforcement; liquidation and reorganization
of distressed businesses; out-of-court workouts; the institutions
entrusted with the conduct of such proceedings, including courts,
official administrators, and private trustees; the position of the
employees of distressed businesses; and cross-border insolvency.
Without being prescriptive, the authors set out the costs and
benefits of settling the myriad policy questions in these domains
one way or another. This book would be of interest to legal and
international policy-makers, academics and advanced students,
courts and practitioners dealing with domestic and cross-border
insolvency, and anyone seeking to understand or reform insolvency
systems.
In this illuminating work, Ronald J. Mann offers readers a
comprehensive study of bankruptcy cases in the Supreme Court of the
United States. He provides detailed case studies based on the
Justices' private papers on the most closely divided cases,
statistical analysis of variation among the Justices in their votes
for and against effective bankruptcy relief, and new information
about the appearance in opinions of citations taken from party and
amici briefs. By focusing on cases that have neither a clear answer
under the statute nor important policy constraints, the book
unveils the decision-making process of the Justices themselves -
what they do when they are left to their own devices. It should be
read by anyone interested not only in the jurisprudence of
bankruptcy, but also in the inner workings of the Supreme Court.
Reprint. Originally published in New York: F.A. Stokes, c1914. xv,
223 p. The book was based on the revelations of the House of
Representatives' Pujo Committee about the predatory practices of J.
P. Morgan and other big bankers. "Other People's Money" influenced
both Woodrow Wilson's New Freedom agenda and Franklin Roosevelt's
New Deal. It also offers valuable lessons for today.
The book deals with the problems generated by those cases of
insolvency (either of an individual or of a company) where the
presence of contacts with more than one system of law brings into
operation the principles and methods of private international law
(also known as conflict of laws). Part I of the book is mainly
devoted to an examination of the body of rules and practice that
has evolved in England during the course of the past two-and-a-half
centuries, and surveys the current state of the law derived from a
blend of statutory and case authorities. Contrasting approaches
under a selection of foreign systems - principally Australia,
Canada, France and the USA - are examined by way of comparison.
There are up to date accounts of the circumstances under which
insolvency proceedings can be opened in respect of debtors which
are not primarily based in England, and of the grounds on which
English courts will recognise foreign insolvency proceedings and
give assistance to the foreign representative of the debtor's
estate.;Part II of the book explores the progress towards the
creation of international arrangements to co-ordinate and
rationalise the conduct of insolvency proceedings which have
cross-border features, particularly where the debtor is capable of
being subjected to concurrent proceedings in two or more
jurisdictions. Central to the developments described in detail in
this Part are the EC Regulation on Insolvency Proceedings, in force
throughout the UK since May 2002, and the UNCITRAL Model Law on
Cross-Border Insolvency, which is due for enactment in the UK.
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