Rule Changes. 1004.2 In a chapter 15 case, the debtor must state the country of the debtor's main interest and list each country in which a case involving.

Slides:



Advertisements
Similar presentations
Mortgage Foreclosure: a Nationwide Financial Crisis Coming to a Courtroom Near You Presented by: The Hon. Michael G. Gotsch Panel members: The Hon. Cynthia.
Advertisements

© 2005 by Thomson Delmar Learning. All Rights Reserved.1 CALIFORNIA CIVIL LITIGATION LAW AND MOTION.
Secured Transactions UCC Title 9. Security Interest An interest in personal property or fixtures that secures payment or performance of a obligation.
Legal Document Preparation Class 9Slide 1 Basic Debtor-Creditor Terminology Debtor: person who owes the money Creditor: person to whom the money is owed.
Creditors’ Rights and Bankruptcy Chapter 16. Secured Transactions Article 9 of UCC A transaction in which the payment of a debt is secured by collateral.
November 30, 2005 Presented by: Norris McLaughlin & Marcus, P.A. BANKRUPTCY MATTERS! Get The Facts You Need To Know On The New Law Here!
Bankruptcy. What is Bankruptcy? Bankruptcy is a legal proceeding in which a person who cannot pay his or her bills can get a fresh start by canceling.
Real Estate Default Symposium Bankruptcy Basics Plus Session © 2012 Default Attorney Group
Protecting Your Company in Bankruptcy Court …especially in New York and Delaware March 21, 2013 Robert L. LeHane Gilbert R. Saydah Jr.
Bankruptcy Issues in Foreclosure Actions Andrew J. Zeigler.
Interim measures in Russian courts in support of international arbitration: principles, procedure and the range of remedies available BRLA seminar 25 January.
Now What? Evaluating Your Position Upon a Counterparty’s Bankruptcy Brandy A. Sargent November 9, 2009.
The National Mortgage Settlement: What Every Consumer Bankruptcy Lawyer Needs To Know About It Presented by: John Rao, Esq., National Consumer Law Center,
Chapter Twenty-One. Claims After reading this chapter, you will be able to: Describe the procedures and forms used in filing creditor claims in Bankruptcy.
Update on Alabama Appellate Practice & Procedure: Avoiding Malpractice When Handling Appeals DEBORAH ALLEY SMITH.
1 As of April 2014 Proposed Amendments to the Federal Rules of Civil Procedure (FRCP)
Chapter 9 Bankruptcy accounting. 2 Learning objectives of bankruptcy accounting  1. business liquidation  2. the difference between the liquidation.
Comprehensive Volume, 18 th Edition Chapter 37: Bankruptcy.
1 Secured Transactions Assignment 6 Bankruptcy and the Automatic Stay.
Laws Protecting Debtors/Creditors and Bankruptcy Unit C Basic Business Law Objective 6.02 Part D.
NLRB Representation Case Rule Changes. Overview of Presentation  Procedural History  Changes – Filing the Petition – Initial Processing – Pre-Election.
NACBA 2012 Fall Workshop Jill Michaux Cathy Moran.
Processing a Standard Foreclosure Bob Sagel Morgan County Public Trustee Foreclosure Checklist.
Other Items for Consideration. Cash Change Funds The library board may permit any of its officers or employees having a duty to collect cash revenues.
Uses of Accounting Information and the Financial Statements
CONSUMER PROPOSALS. WHAT IS A BANKRUPTCY PROPOSAL? Proposed agreement between debtor and creditor Serves as a legally binding compromise between parties.
Secured Transactions Assignment 27
NEW SEC AUDITOR INDEPENDENCE REQUIREMENTS Financial Executives International Janet Luallen Director - Technical Activities.
Chapter 26 Chapter 11: Plan Confirmation. Disclosure Statement Hearing The disclosure statement hearing is the first step in the Chapter 11 reorganization.
European Enforcement Order for uncontested claims JUDr. Radka Chlebcová.
Chapter 5. Needs Based Bankruptcy or “Means Testing” After reading this chapter, you will be able to: Discuss means testing in detail Understand why means.
Corporate Liquidation and Reorganization Pertemuan Mata kuliah: F Akuntansi Keuangan Lanjutan II Tahun: 2010.
Chapter 13.  Credit: Extension of a loan from one party to another  Creditor (lender): The lender in a credit transaction  Debtor (borrower): The borrower.
NCHER SPRING CONVENTION Charleston, SC May 22, 2013 Larry Laskey, V.P. General Counsel Windham Professionals, Inc.
MODES OF DISCOVERY, SUMMARY JUDGMENT AND JUDGMENT ON THE PLEADINGS Legal Forms Group 3 Summary.
Chapter Three. Filing a Petition After reading this chapter, you will be able to: Describe the “gatekeeper” provisions in individual bankruptcy cases Understand.
25-1 Chapter 28 Bankruptcy and Reorganization. Introduction to Bankruptcy and Reorganization  Bankruptcy Reform Act of 1978  Debtor friendly  Bankruptcy.
Post-Grant & Inter Partes Review Procedures Presented to AIPPI, Italy February 10, 2012 By Joerg-Uwe Szipl Griffin & Szipl, P.C.
Water: 101 Adjudication. Permit vs. Adjudication Permit Issued Authorizes Holder to Make Use of the Water as Limited by the Permit Beneficial Use Adjudication.
5 THINGS EVERY LAWYER SHOULD KNOW ABOUT BANKRUPTCY Laura A. Deeter, Esq.
Class 17 Bankruptcy, Spring, 2009 Overview of Plan Process Randal C. Picker Leffmann Professor of Commercial Law The Law School The University of Chicago.
Version 4.2.  Adversary Opening  Filing Agents  Payment of Filing Fees  Options  Filing of Supplements or Attachment to Proof of Claim (pursuant.
Chapter 36 Bankruptcy Twomey, Business Law and the Regulatory Environment (14th Ed.)
CHAPTER 25 SECURED TRANSACTIONS: ATTACHMENT AND PERFECTION DAVIDSON, KNOWLES & FORSYTHE Business Law: Cases and Principles in the Legal Environment (8.
Class 11 Bankruptcy, Spring, 2009 Adequate Protection Randal C. Picker Leffmann Professor of Commercial Law The Law School The University of Chicago
Business Law and the Regulation of Business Chapter 39: Bankruptcy By Richard A. Mann & Barry S. Roberts.
Business Law Unit 5. What is prejudgment attachment? Attachment is a court-ordered seizure and taking into custody of property prior to the securing of.
Prentice Hall © PowerPoint Slides to accompany The Legal Environment of Business and Online Commerce 5E, by Henry R. Cheeseman Chapter 29 Bankruptcy.
Chapter 10 Trustees, Examiners & Creditors Committees.
McGraw-Hill/Irwin Copyright © 2011 by The McGraw-Hill Companies, Inc. All rights reserved. Chapter 20 Creditors’ Rights and Bankruptcy.
Class 4 Bankruptcy, Spring, 2009 Allowance and Disallowance of Claims Randal C. Picker Leffmann Professor of Commercial Law The Law School The University.
Debt Restructuring, Corporate Reorganizations, and Liquidations Chapter 21.
Personal Property Security Act. Types of Property Personal Property –Tangible items of moveable property (chattels) –Intangible items Intellectual property.
Chapter 35 BANKRUPTCY. 2 Bankruptcy Law Jurisdiction over bankruptcy cases is in U.S. district courts, which may refer all cases and related proceedings.
Primary Changes To The Federal Rules of Civil Procedure Effective December 1, 2015 Presented By Shuman, McCuskey, & Slicer, PLLC.
Chapter Twelve. The Automatic Stay—11 U.S.C 362 After reading this chapter, you will be able to: Describe litigation that occurs in the bankruptcy system.
Business Law – week 7 Secured Transactions Bankruptcy Law Quiz Introduction to Employment Law Next Week.
DIP Financing Common Features and Pitfalls John Melko, Gardere Wynne Sewell LLP Bruce Ruzinsky, Jackson Walker LLP David Zdunkewicz, Andrews Kurth LLP.
Consumer Debtor – Chapter 7 Consumer Debtor – means one whose debts were incurred primarily for a personal, family or household purpose. Consumer cases.
Chapter 21 Creditors’ Rights and Bankruptcy Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior.
Probate and Estate Administration Chapter 9. Probate or Estate Administration Probate –The act or process of proving the validity of a will Estate Administration.
Creditors’ Rights In Bankruptcy
Class 17 Bankruptcy, Spring, 2009 Overview of Plan Process
NEW DEVELOPMENTS AND TRENDS IN BANKRUPTCY.
Ben Court Bankruptcy and Creditor’s Rights Stinson Leonard Street LLP
Class 4 Bankruptcy, Spring, 2009 Allowance and Disallowance of Claims
(Hopefully) Helpful Hints for Chapter 13 Plans
Class 11 Bankruptcy, Spring, 2009 Adequate Protection
Bankruptcy: Effects on Medically Indigent Applicants
CREDITOR’S AND DEBTOR’S RIGHTS
Presentation transcript:

Rule Changes

In a chapter 15 case, the debtor must state the country of the debtor's main interest and list each country in which a case involving debtor is pending. A deadline is also set for challenging the statement asserting the country of the debtor's main interest Implemented by new Form 1

2003 Allowing for the adjornment of a meeting of creditors Conforming amendments are made to Forms 9A through 9I

2019 Expands the scope of the rule’s disclosure requirements by requiring disclosure in chapter 9 and chapter 11 cases by all committees or groups that consist of more than one creditor or equity security holder, as well as entities or that represent more than one creditor or equity security holder. It also authorizes the court to require disclosure by an individual party in interest when knowledge of that party’s economic stake in the debtor would assist the court in evaluating the party’s arguments.

3001 Amended to require more detailed information to be filed with a claim. For individual debtors: if, in addition to its principal amount, a claim includes interest, fees, expenses, or other charges incurred before the petition was filed, an itemized statement of the interest, fees, expenses, or charges shall be filed with the proof of claim Statement of the amount necessary to cure prepetition default shall be filed For debtor’s residence, an the creditor must file an accounting of the escrow account Form 10 amended to clarify that writings supporting a claim or evidencing the perfection of a security interest, not just summaries, must be attached.

Requests the holders of a claim in debtor’s residence to file and serve notice of any change to debtor’s post-petition mortgage payments. Creditor must also file and serve notice of any post-petition fees, expenses, or charges. Debtor can file a motion contesting the above Debtor or trustee can file a statement 30 days after the last plan payment stating that debtor has made all payments to cure the mortgage claim. There is also a process for the creditor to contest the cure and a court determination of the cure.

4004 An objection to discharge may be filed after the objection time if: The motion is based on facts that would provide a basis for revoking a discharge under 727(d) and The movant did not have knowledge of those facts in time to permit an objection

6003 Amendment clarifies that the requirement of a 21-day waiting period before a court can enter certain orders at the beginning of a case, including an order approving employment of counsel, does not prevent the court from specifying an effective date for the order that is earlier than the date of its issuance