Table of Contents
Jurisdiction | United States |
Table of Contents
Introduction.................................................................1
Chapter 1: Pre-Filing Considerations for Individual Chapter 11 Cases..........................................................3
I. Why File an Individual Chapter 11?...........................3
A. Eligibility.................................................................................4
B. Means to Reorganize..............................................................4
C. No Co-Debtor Stay.................................................................4
D. The Debtor Is the Trustee......................................................5
E. Appointment of a Creditors' Committee.............................5
F. Duration of Plans of Reorganization.....................................6
G. Property Settlements Are Not Dischargeable.....................6
II. Involuntary Chapter 11 Petition: Is Filing an Involuntary Chapter 11 Petition Against an Individual Constitutional?....................7
III. Representation of an Individual Chapter 11 Debtor ... 8
A. Duty of Counsel in Individual Chapter 11 Cases: Who Is Your Client?...............................................................8
B. Employment as General Counsel..........................................9
C. Exemption Issues..................................................................11
D. Issues Related to the Post-Petition Expenses of an Individual Chapter 11 Debtor .............................................13
E. Filing of an Individual Chapter 11 Case with Related Bankruptcy Cases..................................................................15
Chapter 2: Preparation of the Petition, Schedules and Statements: What's Different?.............................19
I. Preparation of the Petition: Don't Just "Check the Box".......................................19
A. Part 1: Name and Address of the Debtor ...........................19
B. Part 2: Current and Prior Case(s).......................................20
C. Part 3: Can an Individual Be a Small Business Debtor? ...20
D. Part 4: Does the Debtor Own or Possess Any Hazardous Property?...............................................................................21
E. Part 5: Credit Counseling.....................................................22
F. Part 6: Description of Debts: Consumer vs. Business vs. Other Debts............................................................................22
G. Part 7: Sworn Signatures......................................................23
H. List of 20-Largest Unsecured Creditors.............................23
II. Schedule C: Exemptions..........................................23
III. Schedules I and J.....................................................24
A. Schedule I: Income...
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Request your trial- American Bankruptcy Institute
- Individual Chapter 11
- Front Matter
- About the Authors
- About the Editors
- Acknowledgments
- Table of Contents
- Introduction
- Chapter 1 Pre-Filing Considerations for Individual Chapter 11 Cases
- Chapter 2 Preparation of the Petition, Schedules and Statements: What's Different?
- Chapter 3 During the Case
- Chapter 4 Confirmation Issues and Consensual Confirmation
- Chapter 5 Chapter 11 Cramdown and the Absolute Priority Rule
- Chapter 6 Hot-Button Issues for Creditors' Counsel
- Chapter 7 Post-Confirmation Issues
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