Chapter 13 Bankruptcy, 3d Edition, TABLE OF CONTENTS PART 1: PREFILING CONSIDERATIONS § 1.1 Summary of Part 1  I. STATUTES § 2.1 11 U.S.C. § 101(30): Individual with Regular Income § 2.2 11 U.S.C. § 109(e): Debt Limitations § 2.3 11 U.S.C. § 109(g): 180-Day Bar to Refiling § 2.4 11 U.S.C. § 707(b): "Substantial Abuse" Bar to Chapter 7 Relief  II. BEFORE CONSIDERING CHAPTER 13 § 3.1 Nonbankruptcy Alternatives Are Exhausted § 3.2 Debtor Wants to Pay Creditors § 3.3 Debtor Has Ability to Pay Creditors  III. CHAPTER 13 COMPARED TO OTHER BANKRUPTCY RELIEF § 4.1 Prior Discharge within Six Years § 4.2 Debtor Not Eligible for Chapter 12 § 4.3 Debtor Not Eligible for Chapter 11 § 4.4 11 U.S.C. § 707(b) Problems Are Likely § 4.5 Other Chapters Too Expensive or Complicated § 4.6 Debt to Be Discharged Is Small § 4.7 Substantial Reaffirmations Are Probable § 4.8 Debtor Cannot Reaffirm or Redeem Property § 4.9 Discharge or Dischargeability Problems § 4.10 Home Mortgage Problems § 4.11 Cosigner Problems § 4.12 Exemption Problems § 4.13 Fraudulent Conveyance or Preference Problems § 4.14 Domestic Relations Problems § 4.15 Criminal Problems § 4.16 Debtor Likely to Need Future Bankruptcy Relief § 4.17 Debtor Needs Discipline of a Chapter 13 Case  IV. ELIGIBILITY FOR CHAPTER 13       A. GENERAL CONSIDERATIONS § 5.1 Summary of Eligibility Requirements § 5.2 Prefiling Eligibility Planning § 5.3 How to Challenge Eligibility § 5.4 Burden of Proof in an Eligibility Dispute § 6.1 Consequences of Ineligibility: Jurisdiction and the Automatic Stay        B. WHO IS ELIGIBLE § 7.1 Debtor Must Be an Individual § 7.2 Sole Proprietorships Are Eligible § 7.3 Corporations Are Not Eligible § 7.4 Partnerships Are Not Eligible § 7.5 Partners and Corporate Owners and Officers May Be Eligible § 7.6 Partnership and Corporate Debts and Assets May Affect Eligibility § 7.7 Trust Not Eligible But Trustee May Be Eligible § 7.8 Eligibility of a Decedent's Estate § 7.9 Eligibility of an Incompetent       C. REGULAR INCOME REQUIREMENT § 8.1 What Is Regular Income? § 8.2 When Must Debtor Have Regular Income? 1. SOURCES OF REGULAR INCOME § 9.1 Self-Employment § 9.2 Multiple, Irregular, and Seasonal Employment § 9.3 Farming, Crop and Land Set-Aside, or Payment in Kind § 9.4 Pensions § 9.5 Social Security § 9.6 Disability Benefits § 9.7 AFDC, Welfare, and Other Entitlements § 9.8 Unemployment Benefits, Strike Benefits, and the Like § 9.9 Alimony, Maintenance, or Child Support § 9.10 Gratuitous Contributions, Grants, and Awards § 9.11 Income from Leasing, Selling, or Liquidating Assets 2. ABLE TO MAKE PAYMENTS § 10.1 Debtor Must Be Able to Make Payments under a Plan        D. DEBT LIMITATIONS 1. IN GENERAL § 11.1 Dollar Amounts § 12.1 Time for Determining Debt § 13.1 Use of Statements and Schedules in Eligibility Calculations § 14.1 Are Claims Split under 11 U.S.C. § 506(a)? 2. NONCONTINGENT DEBTS ARE COUNTED § 15.1 What Is a Noncontingent Debt? § 15.2 Is Partnership Debt Contingent? § 15.3 Guaranties § 15.4 Other Contract Debts § 15.5 Tort Liability § 15.6 Claims Through and against Debtor's Corporation § 15.7 Prebankruptcy Judgments 3. LIQUIDATED DEBTS ARE COUNTED § 16.1 What Is a Liquidated Debt? § 16.2 Effect of Defenses and Counterclaims 4. SPECIAL DEBT COUNTING PROBLEMS § 17.1 Disputed Debts § 17.2 Taxes and Other Priority Claims § 18.1 Joint Obligations of Spouses and Codebtors and Collateral Owned by Others       E. ELIGIBILITY OF REPEAT FILERS § 19.1 Eligibility of a Simultaneous Filer § 19.2 Eligibility of a Serial Filer: "Chapter 20" and Beyond § 20.1 Court Imposed Restrictions on Eligibility to Refile § 21.1 180-day Bar to Eligibility in 11 U.S.C. § 109(g)-In General § 22.1 11 U.S.C. § 109(g)(1)-Willful Failure to Abide by Court Order or to Appear in Proper Prosecution § 23.1 11 U.S.C. § 109(g)(2)-Voluntary Dismissal after Request for Relief from Stay  V. REPRESENTING DEBTORS AND CREDITORS BEFORE FILING       A. GENERAL CONSIDERATIONS § 24.1 Special Problems for Lawyers in Chapter 13 Cases § 24.2 Use of Paralegals and Representatives § 24.3 Prefiling Role of Chapter 13 Trustee       B. DEBTORS' COUNSEL § 25.1 Explaining Chapter 13 to a Debtor § 25.2 Explaining Chapter 13 to an Employer § 25.3 Exemption Planning § 25.4 Getting Paid: Attorneys' Fees for Representing Debtors       C. CREDITORS' COUNSEL § 26.1 Prefiling Considerations for Creditors' Counsel § 26.2 Getting Paid: Attorneys' Fees for Representing Creditors       D. COLLECTING INFORMATION FROM THE DEBTOR § 27.1 Use of Preinterview Forms 1. PERSONAL INFORMATION § 28.1 Names and Social Security Numbers § 28.2 Addresses, Friends, and Relatives § 28.3 Health and Health Insurance § 28.4 Marital Status and Stability § 28.5 Income and Expenses 2. DEBT INFORMATION § 29.1 Use of Credit Reporting Agencies § 29.2 Bills and Coupon Books § 29.3 Loan Documents, Security Instruments, and Mortgages § 29.4 Collection Agencies § 29.5 Taxes § 29.6 Leases and Rental Agreements § 29.7 Guaranties and Other Secondary Liabilities § 29.8 Wage Assignments and Payroll Deductions § 29.9 Lawsuits 3. ASSETS § 30.1 Contracts, Mortgages, and Bank Accounts § 30.2 Investment Information § 30.3 Business Involvements § 30.4 Foreclosures, Repossessions, and Surrenders § 30.5 Theft or Casualty Losses § 30.6 Insurance Policies § 30.7 Other Property 4. DEBTOR ENGAGED IN BUSINESS § 31.1 Special Information Needs PART 2: COMMENCEMENT OF A CHAPTER 13 CASE § 32.1 Summary of Part 2  I. STATUTES AND RULES § 33.1 11 U.S.C. § 109(a): Who May Be a Debtor? § 33.2 11 U.S.C. § 521(1): Duty to File Schedules and Statements § 33.3 28 U.S.C. § 1408: Venue § 33.4 28 U.S.C. § 1412: Change of Venue § 33.5 28 U.S.C. § 1930: Filing Fees § 33.6 Bankruptcy Rule 1002: Commencement of Case § 33.7 Bankruptcy Rule 1005: Caption of Petition § 33.8 Bankruptcy Rule 1006: Filing Fee and Installments § 33.9 Bankruptcy Rule 1007: Lists, Statements, and Schedules § 33.10 Bankruptcy Rule 1008: Verification § 33.11 Bankruptcy Rule 1014: Dismissal and Change of Venue § 33.12 Bankruptcy Rule 2016: Disclosure of Compensation § 33.13 Bankruptcy Rule 4003: Exemptions § 33.14 Bankruptcy Rule 9009: Official Forms  II. DOCUMENT CHECKLIST AND EXPLANATION OF FORMS § 34.1 Commercial Forms § 34.2 Petition § 34.3 List of Creditors § 35.1 Schedules-In General § 35.2 Schedule A-Real Property § 35.3 Schedule B-Personal Property § 35.4 Schedule C-Exemptions § 35.5 Schedule D-Secured Claims § 35.6 Schedule E-Priority Claims § 35.7 Schedule F-Unsecured Claims § 35.8 Schedule G-Executory Contracts and Leases § 35.9 Schedule H-Codebtors § 35.10 Schedules I and J-Income and Expenditures § 36.1 Statement of Financial Affairs § 36.2 Plan § 36.3 Attorney's Disclosure of Compensation § 36.4 Matrix of Creditors § 36.5 Cover Sheet § 36.6 Application to Pay Filing Fee in Installments § 36.7 Order to Pay Trustee § 36.8 Statement of Financial Affairs for Debtor Engaged in Business § 36.9 Local Documents  III. TIME AND PLACE FOR FILING § 37.1 Jurisdiction, Venue, and Change of Venue § 38.1 When to File Petition § 38.2 Time for Filing Schedules, Statement of Financial Affairs, and Plan § 38.3 Filing Fee and Option to Pay in Installments PART 3: PRECONFIRMATION PRACTICE § 39.1 Summary of Part 3  I. STATUTES AND RULES § 40.1 11 U.S.C. § 343: Appearance and Examination at Meeting of Creditors § 40.2 11 U.S.C. § 521(1): Debtor's Duties § 40.3 11 U.S.C. § 1301: Codebtor Stay § 40.4 11 U.S.C. § 1302: Powers and Duties of Trustee § 40.5 11 U.S.C. § 1303: Rights and Powers of Debtor § 40.6 11 U.S.C. § 1304: Debtor Engaged in Business § 40.7 11 U.S.C. § 1321: Filing of Plan § 40.8 11 U.S.C. § 1323: Modification of Plan before Confirmation § 40.9 11 U.S.C. § 1326: Payments into Plan § 40.10 Bankruptcy Rule 1007(h): Mandatory Amendments § 40.11 Bankruptcy Rule 1009: Amendments to Petition, Lists, Statements, and Schedules § 40.12 Bankruptcy Rule 2003: Meeting of Creditors § 40.13 Bankruptcy Rule 2004: Examinations § 40.14 Bankruptcy Rule 2015: Record-Keeping and Reporting Requirements § 40.15 Bankruptcy Rule 3004: Filing of Claims by Debtor § 40.16 Bankruptcy Rule 3010: Small Dividends § 40.17 Bankruptcy Rule 3012: Valuation of Security § 40.18 Bankruptcy Rule 3013: Classification of Claims § 40.19 Bankruptcy Rule 3015: Filing of Plan § 40.20 Bankruptcy Rule 4001: Stay Relief Practice and Procedure § 40.21 Bankruptcy Rule 4002: Duties of Debtor § 40.22 Bankruptcy Rule 6004: Use, Sale, or Lease of Property § 40.23 Bankruptcy Rule 6006: Assumption and Rejection of Executory Contracts  II. POWERS AND DUTIES OF DEBTOR § 41.1 Debtor Is a Fiduciary and Must Act Like One       A. STATEMENT AND SCHEDULES § 41.2 Duty to File Statement and Schedules § 41.3 Preconfirmation Amendment of Petition Statements, Schedules, and Lists       B. MEETING OF CREDITORS § 42.1 Timing and Procedure § 42.2 Personal Appearance by Debtor § 42.3 What to Do If Debtor Is Not Able to Attend in Person § 42.4 Consequences of Failure to Attend Meeting of Creditors       C. DEBTOR MUST COMMENCE MAKING PAYMENTS § 43.1 First Test of Debtor's Good Intentions § 43.2 Timing and Form of Payment § 43.3 Employer Problems § 43.4 Consequences of Failure to Commence Payments       D. DEBTOR MAY USE, SELL, AND LEASE ESTATE       PROPERTY § 44.1 Debtor Has Exclusive Control of Estate Property 1. PROPERTY OF THE ESTATE § 45.1 What Is Property of the Chapter 13 Estate? § 46.1 Postpetition Earnings § 46.2 Prepetition Repossession, Levy, Sale, or Conveyance § 47.1 Proceeds, Rents, or Profits from Property of the Estate § 47.2 Gifts, Loans, and Windfalls § 47.3 Pension Benefits § 47.4 Entitlement Programs § 47.5 Leases and Other Contract Rights § 47.6 Insurance Policies and Proceeds § 47.7 Causes of Action § 47.8 Miscellaneous Real and Personal Property 2. ADEQUATE PROTECTION § 48.1 Adequate Protection of Lienholders prior to Confirmation       E. EXEMPTIONS 1. IN GENERAL § 49.1 Available and Important in Chapter 13 Cases § 49.2 Timing and Procedure 2. LIEN AVOIDANCE UNDER 11 U.S.C. § 522(f) § 50.1 Available in Chapter 13 Cases § 50.2 Procedure for Lien Avoidance § 51.1 Limitations on Lien Avoidance § 51.2 Protecting Lienholder after Lien Avoidance       F. AVOIDANCE AND RECOVERY POWERS § 52.1 Turnover of Property § 52.2 Relief from Garnishments § 53.1 Strong-Arm Powers, Statutory Liens, Preferences, and Fraudulent Conveyances § 53.2 Postpetition Transfers       G. MISCELLANEOUS POWERS AND DUTIES § 54.1 Can Debtor Sue and Be Sued? § 55.1 Debtor Must File a Plan § 56.1 Assume, Reject, or Assign Leases, Rental Agreements, and Executory Contracts § 56.2 Review Claims, Object to Claims, and File Proofs of Claim       H. SPECIAL POWERS AND DUTIES OF A DEBTOR       ENGAGED IN  BUSINESS § 57.1 Operating a Chapter 13 Debtor Engaged in Business § 57.2 Additional Filing and Reporting Requirements  III. POWERS AND DUTIES OF CHAPTER 13 TRUSTEE       A. POWERS AND DUTIES § 58.1 Know the Trustee's Operating Procedures § 58.2 Who Will Be the Trustee? § 58.3 Removal and Liability of a Trustee § 58.4 Advise and Assist Debtor § 58.5 Appear and Be Heard with Respect to Confirmation of a Plan § 58.6 Appear and Be Heard with Respect to the Value of Collateral § 58.7 Appear and Be Heard with Respect to Modification of Plans after Confirmation § 58.8 Ensure Debtor Commences Making Timely Payments § 59.1 Make Payments to Creditors unless Plan or Confirmation Order Provides Otherwise § 60.1 Avoidance and Recovery Powers § 61.1 Recovery of Overpayments § 61.2 Seek Conversion or Dismissal § 62.1 Review Claims, Object to Claims, and File Proofs of Claim       B. COMPENSATION AND EXPENSES § 63.1 Standard Percentage Fee and Expenses § 64.1 Lowered Percentage in a Case § 64.2 "No-Costing" Payments on a Claim § 64.3 Quantum Meruit § 64.4 Compensation on Direct Payments by Debtor § 64.5 Compensation on Sale or Transfer of Assets § 64.6 Compensation When Trustee Is Not a Standing Trustee § 64.7 Compensation When Case Is Dismissed or Converted before Confirmation  IV. REPRESENTING CREDITORS PRIOR TO CONFIRMATION       A. STOPPING THE CASE BEFORE CONFIRMATION § 65.1 Quick Action Is Essential § 65.2 Eligibility Attacks § 65.3 Conversion or Dismissal       B. GETTING INFORMATION § 66.1 How to Determine Proposed Treatment of a Creditor § 66.2 Working With the Chapter 13 Trustee § 66.3 Attending Meeting of Creditors § 66.4 Preconfirmation Discovery Rights of Creditors       C. ASSERTING CREDITORS' RIGHTS BEFORE       CONFIRMATION § 67.1 Proofs of Claim § 67.2 Adequate Protection Rights § 67.3 Preconfirmation Valuation Disputes § 67.4 Preconfirmation Classification Disputes § 67.5 Policing Debtor's Compliance with Preconfirmation Duties § 67.6 Negotiating for a Secured Claim Holder § 67.7 Negotiating for a Home Mortgage Holder § 67.8 Representing an Unsecured Claim Holder  V. AUTOMATIC STAY AND PRECONFIRMATION RELIEF FROM STAY       A. EXTENT OF AUTOMATIC STAY § 68.1 Usual Protections § 68.2 Additional Protection for Postpetition Property and Income § 68.3 Postpetition Creditors § 69.1 Alimony and Support Exception § 70.1 Criminal Action or Proceeding Exception § 71.1 Police and Regulatory Power Exception § 72.1 Setoffs and Recoupments § 73.1 Termination of Services to Debtor and Discrimination against Debtor § 74.1 Expiration of Stay       B. VIOLATION OF STAY AND REMEDIES § 75.1 Examples of Stay Violations § 76.1 What Court? § 77.1 Sanctions or Contempt? § 77.2 Motion Practice or Adversary Proceeding? § 78.1 Remedies for Violation of Stay       C. PRECONFIRMATION RELIEF FROM THE STAY 1. PROCEDURE § 79.1 Strategic Considerations § 80.1 Timing, Procedure, and Form 2. GROUNDS FOR RELIEF FROM STAY § 81.1 Lack of Adequate Protection § 81.2 Other Cause for Relief § 82.1 Prospective, In Rem, and Automatic Relief from Stay § 83.1 Application of § 362(d)(2) in Chapter 13 Cases  VI. CODEBTOR STAY       A. EXTENT OF CODEBTOR STAY § 84.1 Cosigners and Joint Obligors Are Protected § 85.1 Consumer Debts Only § 85.2 Can Plan Enlarge Codebtor Stay? § 85.3 Expiration of Codebtor Stay       B. RELIEF FROM CODEBTOR STAY 1. PROCEDURE § 86.1 Motion Practice § 86.2 Automatic Relief under § 1301(d) § 86.3 Timing of Request for Relief § 86.4 Burden of Proof 2. GROUNDS FOR RELIEF FROM CODEBTOR STAY § 87.1 Codebtor Received the Consideration § 88.1 Plan Does Not Pay Debt in Full § 89.1 Postpetition Interest, Attorneys' Fees, Costs, and Other Charges § 89.2 Can Creditor Collect Original Contract Payment from Codebtor? § 90.1 Irreparable Harm  VII. UTILITY STAY § 91.1 Utility Stay and Continuing Service  VIII. MISCELLANEOUS PRECONFIRMATION PROBLEMS § 92.1 Incurring Debt prior to Confirmation § 93.1 Pro Se Debtors § 94.1 Loss of Job or Income § 94.2 Loss of Contact with Debtor § 94.3 Incurable Opposition by a Creditor or Trustee PART 4: DRAFTING AND CONFIRMING PLANS § 95.1 Summary of Part 4  I. STATUTES AND RULES § 96.1 11 U.S.C. § 365: Executory Contracts and Unexpired Leases § 96.2 11 U.S.C. § 1321: Filing of Plan § 96.3 11 U.S.C. § 1322: Contents of Plan § 96.4 11 U.S.C. § 1324: Confirmation Hearing § 96.5 11 U.S.C. § 1325: Confirmation Standards § 96.6 Bankruptcy Rule 2002: Notice of Confirmation Hearing § 96.7 Bankruptcy Rule 3013: Classification of Claims § 96.8 Bankruptcy Rule 3015: Filing of Plan and Objections to Confirmation  II. TIMING, STANDING, AND FORM OF PLAN § 97.1 Overview: Designing Plans that Work § 97.2 Time for Filing Plan § 97.3 Who Can File Plan? § 97.4 Form of Plan  III. PROVIDING FOR PRIORITY CLAIMS § 98.1 Plan Must Provide Full Payment § 99.1 What Claims Are Priority Claims? § 100.1 Deferred Payments Are Permitted § 100.2 Interest Not Required § 100.3 Secured Priority Claims? § 100.4 Special Provisions for Attorneys' Fees § 100.5 Filing Fees  IV. PROVIDING FOR SECURED CLAIMS § 101.1 General Rules § 101.2 Acceptance of Plan § 102.1 Surrender or Sale of Collateral § 103.1 Classification of Secured Claims § 103.2 Direct Payment of Secured Claims by Debtor § 103.3 Partially Secured Claims       A. SECURED CLAIMS OTHER THAN HOME MORTGAGES § 104.1 The Power to Modify § 104.2 Lien Retention 1. VALUATION § 105.1 Valuation, Claim Splitting, and Dewsnup § 106.1 What Is Valued? § 107.1 As of What Date Is Value Determined? § 108.1 Valuation in Chapter 13 Cases before Rash § 109.1 Rash and Valuation § 110.1 Valuation after Rash 2. PRESENT VALUE: INTEREST § 111.1 "Value, as of the Effective Date of the Plan" Means Interest § 112.1 What Rate of Interest? 3. OTHER SECURED CLAIMS ISSUES § 113.1 Full Payment of Allowed Secured Claim § 114.1 Calculating Payments to Secured Claim Holders § 115.1 Curing Default, Waiving Default, and Maintaining Payments on Secured Debt that Is Not Protected from Modification § 116.1 Oversecured Claim Holders § 117.1 Pawn Transactions       B. HOME MORTGAGES § 118.1 Most Home Mortgages Cannot Be Modified: § 1322(b)(2) and Nobelman 1. HOME MORTGAGES THAT ARE NOT PROTECTED FROM MODIFICATION § 119.1 Claims that Are Not Secured Only by Security Interest in Real Property that Is the Debtor's Principal Residence § 119.2 Statutory Liens and Judgment Liens, Including Foreclosure Judgments § 120.1 Nonpurchase Money, "Short-Term," and Real Estate Secured Loans for Purposes Other Than Acquiring Residence § 121.1 Timing Issues: Lien Waiver, Surrender or Avoidance § 121.2 Timing Issues: Prepetition Changes in Collateral or Use § 122.1 Income-Producing Property § 123.1 Mobile Homes § 124.1 Claims Secured by Bank Deposits, "Shares," or Escrow Account Balances § 125.1 Claims Secured by Insurance Policies, Proceeds, or Premiums § 126.1 Claims Secured by an Assignment of Rents § 126.2 Claims Secured by Fixtures, Furniture, Equipment, Appliances, Machinery, Easements, Appurtenances, Mineral Rights, Water Rights, and the Debtor's First Born § 127.1 Claims Secured by Miscellaneous Other Real or Personal Property § 128.1 Modification of Unsecured Home Mortgage § 128.2 Providing for and Accounting for a Mortgage that Is Not Protected from Modification 2. CURING DEFAULTS AND MAINTAINING PAYMENTS ON HOME MORTGAGES § 129.1 Overview: General Rules for Saving Debtor's Home       a. WHAT DEFAULTS CAN BE CURED? § 130.1 Prepetition Defaults § 131.1 Postpetition Defaults § 132.1 Nonmonetary Defaults § 133.1 Reasonable Time to Cure Defaults       b. INTEREST AND OTHER CHARGES TO CURE       DEFAULTS § 134.1 In General: Rake v. Wade § 135.1 Section 1322(e): Contracts after October 22, 1994 § 136.1 Rate Of Interest to Cure Default § 137.1 Undersecured Mortgage and Interest to Cure Defaults § 138.1 Late Charges, Attorney Fees, Costs, and Other Charges       c. CALCULATING PAYMENTS TO CURE       DEFAULTS § 139.1 In General § 140.1 Calculating Plan Payments to Cure Defaults on Mortgages Entered into before October 22, 1994 § 141.1 Calculating Plan Payments to Cure Defaults on Mortgages Entered into after October 22, 1994 3. OTHER HOME MORTGAGE ISSUES § 142.1 Demand, Matured, and Balloon Loans; "Short-Term" Mortgages Entered into before October 22, 1994 § 143.1 Demand, Matured, and Balloon Loans; "Short-Term" Mortgages Entered into after October 22, 1994 § 144.1 Prepetition Foreclosure Judgment: Curing Default, Payment in Full, or Modification under § 1322(c)(2)? § 145.1 Accelerating Payment of a Home Mortgage § 146.1 Debts Discharged in prior Bankruptcy and Nonrecourse Debts § 147.1 Direct Payment of Mortgage or Payment by Trustee  V. PROVIDING FOR UNSECURED CLAIMS § 148.1 In General § 148.2 What Claims Are Unsecured Claims?       A. CLASSIFICATION OF UNSECURED CLAIMS § 149.1 General Power to Classify Unsecured Claims § 150.1 Co-signed Debts § 151.1 Priority Claims 1. NONDISCHARGEABLE CLAIMS § 152.1 In General § 152.2 Alimony, Maintenance, and Support § 153.1 Student Loans § 154.1 Restitution, Fines, and Other Criminal Problems § 155.1 Driving While Intoxicated § 155.2 Long-Term Debts § 156.1 Claims that Are or Might Be Nondischargeable Only in a Chapter 7 (or Individual Chapter 11) Case 2. OTHER CLASSIFICATIONS § 157.1 Direct Payments by Debtor § 158.1 Medical Providers § 158.2 Landlords and Lessors § 158.3 Suppliers or Other Business-Related Creditors § 158.4 To Satisfy an Objecting Unsecured Claim Holder § 158.5 Contingent and Unliquidated Claims § 158.6 Based on the Size of the Claim § 158.7 Postpetition Claims § 158.8 Miscellaneous Classes of Unsecured Claims § 159.1 A Proposal: Simpler Rules for Classification of Unsecured Claims       B. BEST-INTERESTS-OF-CREDITORS TEST § 160.1 Mathematical Considerations § 161.1 Exemption Issues § 162.1 Nondischargeable Claims and Guaranteed Claims § 162.2 Discount Rates and Interest if Liquidation Would Produce Dividend       C. DISPOSABLE INCOME TEST § 163.1 In General § 164.1 Projected Disposable Income § 165.1 Reasonably Necessary for Maintenance or Support § 165.2 Debtor or Dependent § 166.1 Counting the Three-Year Period § 167.1 Debtor Engaged in Business § 168.1 Payment-in-Full Option       D. OTHER UNSECURED CLAIMS ISSUES § 169.1 Good Faith Toward Unsecured Claim Holders? § 170.1 Methods of Paying Unsecured Claims § 171.1 Curing Default and Maintaining Payments on Unsecured Debt  VI. LEASES, RENTAL AGREEMENTS, AND OTHER EXECUTORY CONTRACTS § 172.1 Debtor Can Assume, Assign, or Reject Executory Contracts § 173.1 Debtor Must Cure Defaults and Assure Future Performance § 174.1 Nonresidential Lease of Real Property § 174.2 Rejection Generates Unsecured Claim § 174.3 Lessor Can Demand Adequate Protection § 174.4 Lessor Can Accelerate Assumption or Rejection § 175.1 Fake Leases and Rental Agreements § 176.1 Land Sales Contracts and Contracts to Make a Deal § 176.2 When Purpose of Plan Is to Deal with an Unfavorable Contractor Lease  VII. OTHER CONFIRMATION REQUIREMENTS AND PLAN DRAFTING CONSIDERATIONS       A. GOOD FAITH § 177.1 In General 1. FACTORS APPROACH § 178.1 In General § 179.1 Frequency of Filing Bankruptcy-Chapter 20 and Beyond § 179.2 Accuracy of Petition, Schedules, Statement, and Testimony § 179.3 Burden of Administration       a. MOTIVATION IN FILING § 180.1 Prepetition Conduct and Misconduct-In General § 181.1 Prepetition Transfers and Transactions § 182.1 Filing on the Eve of Whatever         1) NONDISCHARGEABLE DEBTS § 183.1 In General § 184.1 Criminal Misconduct § 185.1 Alimony, Maintenance, and Support § 186.1 Student Loans § 187.1 Separate Classification of Nondischargeable Claims and Good Faith          2) NATURE OF FINANCIAL PROBLEMS § 188.1 Greed Not Need § 189.1 Executory Contracts § 190.1 Tax Problems § 191.1 Payment of Attorneys' Fees § 192.1 Special Circumstances: The Unusually Worthy or Needy Debtor       b. DEGREE OF EFFORT § 193.1 Economic Components of Good Faith-In General § 194.1 Duration of Plan § 195.1 Percentage of Payment § 196.1 Income, Expenses, Lifestyle, and Luxuries 2. THE GENERIC APPROACHES TO GOOD FAITH § 197.1 Smell Tests       B. FEASIBILITY § 198.1 Able to Make Payments and Comply with Plan       C. LENGTH OF PLAN § 199.1 General Rule: Three Years, More or Less § 200.1 How to Calculate the Length of the Plan § 201.1 Cause for Extension Beyond Three Years § 202.1 Payment of Claims Beyond Length of Plan       D. MISCELLANEOUS PLAN PROVISIONS AND       CONFIRMATION CONSIDERATIONS § 203.1 Plan Complies with Bankruptcy Code § 203.2 Filing Fee Payment Requirement § 203.3 Submission of Future Income § 204.1 Providing for Postpetition Claims § 204.2 Order of Payments to Creditors § 205.1 Special Drafting Considerations for Debtor Engaged in Business § 206.1 Special Drafting Considerations for Debtor with Seasonal or Irregular Income § 207.1 Retention of Property of the Estate: Overcoming 11 U.S.C. § 1327(b) § 208.1 Miscellaneous Objections to Confirmation  VIII. PRECONFIRMATION MODIFICATION OF PLAN § 209.1 Timing, Procedure, and Form § 210.1 To Correct Errors in Original Plan § 211.1 To Reflect Changed Circumstances § 212.1 To Deal with Objections to Original Plan § 213.1 To Provide for Postpetition Creditors § 214.1 Effect of Preconfirmation Modification on prior Acceptance or Rejection of the Plan § 215.1 Opposing a Preconfirmation Modification of the Plan  IX. CONFIRMATION PRACTICE AND PROCEDURE       A. HEARING ON CONFIRMATION § 216.1 Timing of Hearing on Confirmation § 217.1 Burden of Proof § 218.1 Discovery and Preparation for Confirmation Hearing       B. OBJECTING TO CONFIRMATION § 219.1 Standing to Object § 220.1 Time for Filing Objections § 221.1 Form of Objection       C. CHALLENGING THE GRANT OR DENIAL OF       CONFIRMATION § 222.1 Too Many Choices § 223.1 Relief from Confirmation Order: Bankruptcy Rules 9023 and 9024 § 224.1 Revocation of Confirmation § 225.1 Appeal of Grant or Denial of Confirmation PART 5: POSTCONFIRMATION PRACTICE § 226.1 Summary of Part 5  I. STATUTES AND RULES § 227.1 11 U.S.C. § 1325(c): Income Deduction Orders § 227.2 11 U.S.C. § 1327: Effects of Confirmation § 227.3 11 U.S.C. § 1329: Modification after Confirmation § 227.4 Bankruptcy Rule 1016: Death or Incompetency of Debtor § 227.5 Bankruptcy Rule 2002(a)(5): Notice of Plan Modification § 227.6 Bankruptcy Rule 4001: Stay Relief Procedure  II. EFFECTS OF CONFIRMATION § 228.1 11 U.S.C. § 1327: Overview § 229.1 11 U.S.C. § 1327(a): Binding Effect on Creditors and Debtors § 230.1 11 U.S.C. § 1327(b): Vesting Effect on Property of Estate § 231.1 11 U.S.C. § 1327(c): Free and Clear Effect on Liens             A. LIMITATIONS ON EFFECTS OF CONFIRMATION § 232.1 Overview § 233.1 Notice and Due Process Considerations, Including Claims Allowance and Valuation § 234.1 Failure to Provide For § 235.1 Other Limitations             B. SPECIAL EFFECTS OF CONFIRMATION § 236.1 Tax Refunds § 237.1 Windfalls, Inheritances, Lotteries, and the Like § 238.1 Loss, Destruction, or Surrender of Property after Confirmation § 238.2 Effects of Confirmation on Postpetition Claims  III. REPRESENTING CREDITORS AFTER CONFIRMATION             A. PROBLEMS WITH THE PLAN § 239.1 What to Do If Creditor Is Not Receiving Payments § 239.2 What to Do If Debtor Defaults § 239.3 What to Do If Debtor's Financial Condition Improves § 240.1 Representing a Postpetition Claim Holder             B. POSTCONFIRMATION STAY RELIEF PRACTICE § 241.1 Procedure § 242.1 Confirmation as a Defense to Relief from the Stay § 243.1 Does Confirmation Dissolve the Stay? § 244.1 Postconfirmation Default and Relief from the Stay § 245.1 Postpetition Claims and Relief from the Stay § 246.1 Alimony and Support Collection after Confirmation § 247.1 Effect of Failure to File Proof of Claim on Postconfirmation Relief from the Stay  IV. INCOME DEDUCTION ORDERS § 248.1 Order to Debtor's Employer § 249.1 Can Employer Charge a Fee? § 250.1 Direct-Pay Orders § 250.2 Changing Employers or Source of Income § 250.3 Modification and Suspension of Income Deduction Orders § 251.1 Failure to Deduct or Remit § 252.1 Special Deduction Order Problems: Entitlements, Pensions, and Government Employers  V. MODIFICATION AFTER CONFIRMATION             A. PROCEDURE AND STANDARDS FOR MODIFIED PLAN § 253.1 Standing, Timing, and Procedure § 254.1 Application of Tests for Confirmation § 255.1 Does Disposable Income Test Apply? § 256.1 Duration of Modified Plan § 257.1 Changed-Circumstances Requirement?             B. SPECIFIC MODIFICATIONS § 258.1 To Suspend Payments § 259.1 To Cure Postconfirmation Default § 260.1 To "Add" Prepetition Creditors § 261.1 To Provide for Postpetition Claims § 262.1 To Incur New Debt § 263.1 To Sell Property of the Estate § 264.1 To Surrender Collateral, Account for Repossession or Modify the Treatment of a Secured Claim § 265.1 To Decrease Payments to Creditors § 266.1 To Increase Payments to Creditors § 267.1 To Account for Payments Other Than under the Plan § 268.1 To Extend or Reduce the Time for Payments  VI. MISCELLANEOUS POSTCONFIRMATION ISSUES § 269.1 Death or Incompetency of Debtor PART 6: CLAIMS § 270.1 Summary of Part 6  I. STATUTES AND RULES § 271.1 11 U.S.C. § 501: Filing Proofs of Claim § 271.2 11 U.S.C. § 502: Allowance and Disallowance of Claims § 271.3 11 U.S.C. § 503: Administrative Expenses § 271.4 11 U.S.C. § 506: Extent of Secured Claims § 271.5 11 U.S.C. § 507: Priority Claims § 271.6 11 U.S.C. § 1305: Postpetition Claims § 271.7 Bankruptcy Rule 3001: Proofs of Claim § 271.8 Bankruptcy Rule 3002: Filing of Proof of Claim § 271.9 Bankruptcy Rule 3004: Filing of Claims by Debtor or Trustee § 271.10 Bankruptcy Rule 3007: Objections to Claims § 271.11 Bankruptcy Rule 3012: Valuation of Security § 271.12 Bankruptcy Rule 5005: Filing of Papers  II. PROCEDURE, TIMING, AND FORMS       A. FORM AND FILING OF PROOFS OF CLAIM § 272.1 Official Bankruptcy Form 10 and Variations § 273.1 Informal Proofs of Claim, Letters, Motions, Pleadings, and Conversations § 274.1 Is a Plan Provision a Proof of Claim?       B. WHO SHOULD FILE PROOFS OF CLAIM AND WHEN? § 275.1 1994 Code Amendments Changed the Rules § 275.2 In General § 276.1 Governmental Units § 277.1 Unsecured Claims § 278.1 Partially Secured Claims § 279.1 Priority Claims § 280.1 Secured Claim Holders § 281.1 Postpetition Claims       C. ENLARGEMENT OF AND EXCEPTIONS TO 90-DAY       AND 180-DAY BARS § 282.1 General Rules: No Enlargement or Exceptions, Except . . . § 283.1 Unscheduled Creditors § 284.1 Amended Claims       D. FILING OF PROOFS OF CLAIM BY DEBTOR OR       TRUSTEE § 285.1 Timing, Form, and Superceding Claims § 286.1 Strategic Considerations       E. ALLOWANCE AND OBJECTIONS TO CLAIMS § 287.1 In General, Including Evidence Presumption § 288.1 Failure to File Proof of Claim § 289.1 Untimely Filed Claims in Cases Filed before October 22, 1994: The Hausladen Phenomenon § 290.1 Untimely Filed Claims in Cases Filed after October 22, 1994  III. PRIORITY CLAIMS AND ADMINISTRATIVE EXPENSES § 291.1 Treatment of Priority Claims § 292.1 Taxes § 293.1 Trustee's Fees and Expenses § 294.1 Debtors' Attorneys' Fees § 295.1 Utilities § 296.1 Leases and Executory Contracts § 297.1 Failed Adequate Protection § 298.1 Miscellaneous Administrative Expenses and Other Priority Claims § 299.1 Postpetition Interest on Priority Claims § 300.1 Secured Priority Claims? § 301.1 Alimony, Maintenance, and Support in Cases Filed after October 22, 1994  IV. POSTPETITION CLAIMS § 302.1 Postpetition Claims  V. OTHER CLAIMS QUESTIONS § 303.1 Alimony, Maintenance, and Support in Cases Filed before October 22, 1994 § 304.1 Claims for Creditors' Attorneys' Fees § 305.1 Nonrecourse Claims and Claims Discharged in prior Bankruptcy Case § 306.1 Truth-in-Lending and Other Consumer Protection Statutes § 307.1 U.C.C. and Other Commercial Law Questions § 308.1 Miscellaneous Claims Issues PART 7: CONVERSION AND DISMISSA § 309.1 Summary of Part 7  I. STATUTES AND RULES § 310.1 11 U.S.C. § 1307: Conversion and Dismissal § 310.2 11 U.S.C. § 706: Conversion to Chapter 13 § 310.3 11 U.S.C. § 1112(d): Conversion to Chapter 13 § 310.4 11 U.S.C. § 348: Effects of Conversion § 310.5 11 U.S.C. § 349: Effects of Dismissal § 310.6 Bankruptcy Rule 1017: Procedure for Conversion or Dismissal § 310.7 Bankruptcy Rule 1019: New Lists, Reports, and So Forth  II. CONVERSION TO CHAPTER 7       A. PROCEDURE AND GROUNDS FOR CONVERSION § 311.1 Conversion by Debtor § 311.2 Conversion on Request of Creditor or Trustee § 312.1 Cause for Conversion § 312.2 Conversion Sua Sponte § 312.3 Automatic Conversion: The "Drop Dead" Clause       B. EFFECTS OF CONVERSION 1. IN GENERAL § 313.1 New Schedules, Statement, Meeting of Creditors, and Deadlines § 314.1 On Postpetition Claims § 314.2 On Relief from Stay 2. ON ENTITLEMENT TO POSTPETITION PROPERTY § 315.1 In Cases Filed before October 22, 1994 § 316.1 In Cases Filed after October 22, 1994 3. ON EXEMPTIONS AND LIEN AVOIDANCE § 317.1 Exemptions at Conversion § 318.1 Lien Avoidance at Conversion 4. ON SECURED CLAIMS § 319.1 In Cases Filed before October 22, 1994 § 320.1 In Cases Filed after October 22, 1994  III. CONVERSION TO CHAPTER 11 § 321.1 Standing, Procedure, and Grounds for Conversion to Chapter 11 § 322.1 Strategic Considerations  IV. CONVERSION TO CHAPTER 12 § 323.1 Standing, Procedure, and Strategic Considerations  V. CONVERSION TO CHAPTER 13       A. CONVERSION FROM CHAPTER 7 TO CHAPTER 13 § 324.1 Procedure § 325.1 Absolute Right of Debtor? § 326.1 Effects of Conversion from Chapter 7 to Chapter 13       B. CONVERSION FROM OTHER CHAPTERS TO CHAPTER 13 § 327.1 Conversion from Chapter 11 to Chapter 13 § 327.2 Conversion from Chapter 12 to Chapter 13       C. RECONVERSION TO CHAPTER 13 § 328.1 Reconversion from Chapter 7 or Chapter 11 to Chapter 13  VI. DISMISSAL       A. DISMISSAL BY DEBTOR § 329.1 Procedure, Timing, and Form § 330.1 Absolute Right of Debtor? § 331.1 Strategic Considerations       B. DISMISSAL ON REQUEST OF PARTY IN INTEREST § 332.1 Procedure, Timing, and Form § 333.1 Cause for Dismissal-In General § 334.1 Cause for Dismissal, Including Bad-Faith, Multiple and Abusive Filings § 335.1 Cause Not Found § 336.1 Strategic Considerations § 337.1 Sua Sponte Dismissal       C. EFFECTS OF DISMISSAL § 338.1 In General § 339.1 Court-Imposed Conditions and Restrictions on Dismissal § 340.1 Reinstatement after Dismissal PART 8: DISCHARGE § 341.1 Summary of Part 8  I. STATUTES AND RULES § 342.1 11 U.S.C. § 523: Exceptions to Discharge § 342.2 11 U.S.C. § 524: Effects of Discharge and Discharge Hearing § 342.3 11 U.S.C. § 1328: Discharge § 342.4 Bankruptcy Rule 1016: Death or Incompetency of Debtor § 342.5 Bankruptcy Rule 4007: Time for Filing Complaint Objecting to Dischargeability § 342.6 Bankruptcy Rule 4008: Discharge Hearing  II. PROCEDURE AND TIMING CONSIDERATIONS § 343.1 Timing and Procedure for Discharge and Objecting to Discharge  III. DISCHARGE AFTER COMPLETION OF ALL PAYMENTS       A. EXTENT OF FULL PAYMENT DISCHARGE § 344.1 Broadest Discharge Available       B. EXCEPTIONS TO FULL PAYMENT DISCHARGE § 345.1 Alimony, Maintenance, or Support § 346.1 Student Loans § 347.1 Driving While Intoxicated § 348.1 Criminal Restitution and Criminal Fines § 349.1 Claims Not Provided For by the Plan § 350.1 Postpetition Claims § 351.1 Long-Term Debts  IV. HARDSHIP DISCHARGE: DISCHARGE BEFORE COMPLETION OF ALL       PAYMENTS UNDER PLAN § 352.1 In General § 353.1 Circumstances for Which the Debtor Should Not Justly Be Held Accountable § 353.2 Best-Interests-of-Creditors Test § 353.3 Modification Is Not Practicable § 354.1 Exceptions to Hardship Discharge  V. WAIVER AND REVOCATION OF DISCHARGE § 355.1 Waiver of Discharge § 356.1 Revocation of Discharge  VI. EFFECTS OF DISCHARGE § 357.1 In General, Including Discharge Hearing and Discharge Injunction § 358.1 On Liens § 359.1 On Administrative Expenses  [Home] ©1999-2008 Bankruptcy Press, Inc .All rights reserved.