Getting paid : how to collect from bankrupt debtors /
Saved in:
| Main Author: | |
|---|---|
| Format: | Book |
| Language: | English |
| Published: |
Berkeley, CA :
NOLO,
c2003.
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| Edition: | 1st ed. |
| Subjects: | |
| Online Access: | Table of contents |
Table of Contents:
- Machine derived contents note: 1 How to Use This Book
- A. Who Should Use This Book 1/2
- B. Choosing Which Chapters to Read 1/3
- 2 How Bankruptcy Works
- A. Introduction to Bankruptcy Procedures and Players 2/2
- B. What All Bankruptcies Have in Common 2/5
- C. What Distinguishes Each Type of Bankruptcy 2/11
- 3 Finding Out the Debtor Has Gone Bankrupt
- A. Notice from the Bankruptcy Court 3/2
- B. Informal Notice 3/11
- 4 The Automatic Stay
- A. What the Automatic Stay Stops You From Doing 4/2
- B. Exceptions to the Automatic Stay 4/7
- C. Results of Violating the Automatic Stay 4/9
- D. Asking the Court to Lift the Automatic Stay 4/15
- E. When the Automatic Stay Will End 4/28
- 5 Examining the Bankruptcy Papers
- A. Obtaining the Bankruptcy Schedules and Statements 5/2
- B. What the Debtor's Paperwork Should Include 5/3
- C. Playing Detective With the Debtor's Paperwork 5/19
- D. Using the Information You Find 5/46
- 6 The Meeting of Creditors and Other Communication
- With the Debtor
- A. Permissible Contact Outside the First Creditors' Meeting 6/2
- B. The Meeting of Creditors 6/5
- C. Requesting a Meeting to Finish Your Questions (Rule 2004) 6/10
- 7 Filing and Defending Your Proof of Claim
- A. Who Can File a Proof of Claim? 7/3
- B. The Benefits of Filing a Proof of Claim 7/3
- C. Deadline for Filing a Proof of Claim 7/6
- D. If You Miss the Filing Deadline 7/6
- E. How to File a Proof of Claim 7/8
- F. Where to File the Proof of Claim 7/14
- G. How to Defend Your Claim 7/15
- H. How to Object to Another Creditor's Claim 7/18
- I. How to Sell Your Claim 7/20
- 8 Getting Payment for Secured Claims
- A. Determining Whether You Have a Valid Lien 8/4
- B. Making Sure You've Advised the World About Your Lien ("Perfected" Itl 8/8
- C. What Your Collateral Is Worth 8/10
- D. How Secured Creditors' Rights Are Affected by the Debtor's Choice of Chapter 8/12
- E. Finding Ways Around the Automatic Stay 8/15
- F. How the Debtor May Redeem the Collateral 8/18
- G. How the Debtor May Reaffirm the Debt 8/19
- H. How Liens Can Be Eliminated During Bankruptcy 8/24
- I. Defending Motions to Avoid Your Lien 8/36
- J. Combating Serial Bankruptcy Filings 8/38
- K. Pursuing Your Rights After the Bankruptcy 8/39
- 9 Claims That Can't Be Wiped Out Through Bankruptcy
- A. Claims that Survive Bankruptcy If You Prove Certain Facts 9/3
- B. Claims That Survive Bankruptcy Automatically 9/18
- C. Different Nondischargeability Rules When Debtors File Under Chapter 13 9/22
- 10 Filing Motions and Complaints in Bankruptcy Court
- A. What Could Go Wrong in Handling a Dispute on Your Own 10/3
- B. Strict Rules Governing Formatting and Paperwork 10/5
- C. Adversary Proceedings 10/5
- D. Contested Proceedings 10/11
- 11 Responding to Motions and Complaints
- A. How to Respond to a Motion 11/2
- B. Typical Motions and Responses 11/3
- C. How to Respond to a Complaint 11/15
- D. Typical Complaints and Answers 11/16
- 12 How To Torpedo an Undeserving Bankruptcy
- A. Dismissal Based on Debtor's Ineligibility 12/4
- B. Dismissal Based on Debtor's Behavior ("For Cause") 12/6
- C. Denial of Discharge 12/12
- D. Revocation of an Earlier-Granted Discharge 12/18
- 13 The Creditor's Role in a Reorganization Case
- A. Overview of Reorganization Case Rules 13/3
- B. Chapter 13 Reorganization Plans 13/4
- C. Chapter 12 Reorganization Plans 13/34
- D. Chapter 11 Reorganization Plans 13/35
- 14 Conversions Between Bankruptcy Chapters
- A. Cases Eligible for Conversion 14/4
- B. Conversions from Chapter 7 to a Reorganization Chapter 14/4
- C. Conversions from Chapter 11 to Chapter 7 14/7
- D. Conversions from Chapters 12 and 13 to Chapter 7 14/8
- E. What Happens After a Conversion to Chapter 7 14/16
- F. Conversions Between Reorganization Chapters 14/20
- 15 Prepetition Transfers: How to Keep Payments You've Already Received
- A. Transfers Subject to Recapture (Avoidance) 15/3
- B. Defending Yourself Against Avoidance Actions 15/8
- C. Avoidance Actions Against Your Fellow Creditors 15/16
- 16 Creditors' Rights After the Bankruptcy Ends
- A. The Effect of the Bankruptcy Discharge 16/2
- B. Opportunities for Creditors When Not All Claims Were Discharged 16/10
- C. Recovering Your Collateral 16/12
- D. Collecting Claims from Nonbankrupt Codebtors 16/13
- E. Accepting Voluntary Payments from the Debtor 16/15
- F. Seeking Criminal Prosecution of the Debtor 16/15
- G. Requesting Revocation of the Discharge 16/16
- 17 Minimizing Future Bankruptcy Losses
- A. Diversify Your Customer Base 17/2
- B. Get Credit Applications from New Customers 17/2
- C. Require a Cosigner or Guarantor 17/4
- D. Obtain Collateral 17/4
- E. Cash All Checks Promptly 17/5
- F. Keep Close Tabs on Customers 17/6
- G. Know When to Sue 17/8
- 18 Forcing Debtors Into Bankruptcy
- A. Grounds for Filing an Involuntary Bankruptcy Petition 18/2
- B. Who Can File an Involuntary Bankruptcy Petition? 18/3
- C. Considering Whether to File an Involuntary Petition 18/4
- D. Immediate Effect of Filing an Involuntary Petition 18/6
- E. Treatment of Creditors with Postpetition, Predecision Claims 18/7
- F. The Court's Decision 18/8
- 19 Legal Help Beyond This Book
- A. When to Use Bankruptcy Lawyers 19/2
- B. Law Libraries 19/6
- C. Online Legal Resources 19/11
- Appendix
- Index.