The Dirty Dozen: 12 Hot Topics in Chapter 13 Bankruptcy Practice Seminar Materials
TABLE OF CONTENTS
THE DIRTY DOZEN: 12 HOT TOPICS IN
CHAPTER 13 BANKRUPTCY PRACTICE
POST-CONFIRMATION PLAN MODIFICATION
Mark C. Leffler
I. Who Has Standing
II. Confirmation Issues
A. What Tests Apply?
B. Change in Circumstances Requirement
United States Trustee Issues
I. Chapter 7 Abuse Issues
A. Abuse Under §707(b)(1)
B. Abuse Under §707(b)(3)
II. Enforcement Issues
III. Pro Se Filers
CLAIMS REVIEW
Carl M. Bates
COMPLETING THE B22C FORM FOR ABOVE MEDIAN DEBTORS:
SOME COMMON MISTAKES FROM A TRUSTEE’S PERSPECTIVE
Herbert L. Beskin
POST-PETITION MORTGAGE ISSUES
Eric D. White
I. Surrendering Property - General Overview
A. Statutory Context
B. Case Law Context
C. Practical Context
TO VEST OR NOT TO VEST, THAT IS THE QUESTION
Christopher Micale
Jason B. Shorter
I. Hypotheticals
II. Statutory Provisions Concerning Property of the Estate
III. “Vesting” of Property at Confirmation of Chapter 13 Plan
IV. Approaches Developed to Address “Vesting” at Confirmation of Plan
V. What, If Any, Approach(es) Has Virginia’s Bankruptcy Courts
Adopted?
VI. Has the Fourth Circuit Entertained the Issue?
VII. Hypotheticals
RULES WERE MEANT TO BE BROKEN: RS. 3001 C AND 3002.1
Christopher Micale
BANKRUPTCY: DEBTOR ATTORNEY OBLIGATIONS:
PREPARING FOR CHAPTER 13
Malissa Lambert Giles
I. Initial Consultation: Preparing Yourself and the Client - Where to
Focus
A. Has the Debtor Filed Before?
B. What Type of Debt Do the Debtors Owe and How Much?
C. Can Their Assets be Protected in a Chapter 7 Bankruptcy?
D. Are the Clients Eligible for a Chapter 7 or 13 Based on Their
Income and Expenses?
II. How to Prepare Your Client for the Process
A. Choice of Chapters
B. Signing and Client Documentation
C. 341 Hearing
D. What Happens Next
E. Confirmation Hearing
F. Post-Confirmation Representation
BANKRUPTCY: CHAPTER 13 DEBTOR’S COUNSEL FEES &
CASE REVIEW
Malissa Lambert Giles
Mark C. Leffler
Carl M. Bates
Herbert L. Beskin
Eric D. White
Christopher Micale
Jason B. Shorter
Malissa Lambert Giles
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