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Repossessions: WEST VIRGINIA

UCC Article 9: W. Va. Code §§ 46-9-101 to 46-9-709

Significant non-uniform amendments: None.

UCC Article 2A: W. Va. Code §§ 46-2A-101 to 46-2A-532

UCC Article 3: W. Va. Code §§ 46-3-101 to 46-3-605

Consumer leasing law: None.

Rent-to-own statute: W. Va. Code §§ 46B-1-1 to 46B-8-3

Repossessions: WISCONSIN

UCC Article 9: Wis. Stat. §§ 409.101 to 409.710

Significant non-uniform amendments: Did not enact new $500 statutory damages provision.

UCC Article 2A: Wis. Stat. §§ 411.101 to 411.901

UCC Article 3: Wis. Stat. §§ 403.102 to 403.605

Consumer leasing law: Wis. Stat. §§ 429.101 to 429.301

Rent-to-own statute: None.

Repossessions: WYOMING

UCC Article 9: Wyo. Stat. Ann. §§ 34.1-9-101 to 34.1-9-709

Significant non-uniform amendments: None.

UCC Article 2A: Wyo. Stat. Ann. §§ 34.1-2.A-101 to 34.1-2.A-532

UCC Article 3: Wyo. Stat. Ann. §§ 34.1-3-101 to 34.1-3-905

Consumer leasing law: None.

Rent-to-own statute: Wyo. Stat. Ann. §§ 40-19-101 to 40-29-120

Consumer Bankruptcy Law and Practice: Introduction

Appendix A.1 contains the complete text of chapters 1, 3, and 5, subchapters I and II of chapter 7, subchapters I, II, III, and V of chapter 11, and the complete text of chapters 12 and 13 of title 11 of the United States Code, as amended through June 2022. Included in this appendix are changes made to the dollar amounts effective April 1, 2022, and amendments enacted by the Bankruptcy Threshold Adjustment and Technical Corrections Act, Pub. L. No. 117–151, 136 Stat. 1298 (June 21, 2022).

Consumer Bankruptcy Law and Practice: Chapter 1

TITLE 11—BANKRUPTCY

CHAPTER 1—GENERAL PROVISIONS

§ 101. Definitions

§ 102. Rules of construction

§ 103. Applicability of chapters

§ 104. Adjustment of dollar amounts

§ 105. Power of court

§ 106. Waiver of sovereign immunity

§ 107. Public access to papers

§ 108. Extension of time

§ 109. Who may be a debtor

§ 110. Penalty for persons who negligently or fraudulently prepare bankruptcy petitions

Consumer Bankruptcy Law and Practice: Chapter 3

CHAPTER 3—CASE ADMINISTRATION

SUBCHAPTER I—COMMENCEMENT OF A CASE

§ 301. Voluntary cases

§ 302. Joint cases

§ 303. Involuntary cases

§ 305. Abstention

§ 306. Limited appearance

§ 307. United States trustee

§ 308. Debtor reporting requirements

SUBCHAPTER II—OFFICERS

§ 321. Eligibility to serve as trustee

§ 322. Qualification of trustee

§ 323. Role and capacity of trustee

§ 324. Removal of trustee or examiner

Consumer Bankruptcy Law and Practice: Chapter 5

CHAPTER 5—CREDITORS, THE DEBTOR, AND THE ESTATE

SUBCHAPTER I—CREDITORS AND CLAIMS

§ 501. Filing of proofs of claims or interests

§ 502. Allowance of claims or interests

§ 503. Allowance of administrative expenses

§ 504. Sharing of compensation

§ 505. Determination of tax liability

§ 506. Determination of secured status

§ 507. Priorities

§ 508. Effect of distribution other than under this title

§ 509. Claims of codebtors

§ 510. Subordination

Consumer Bankruptcy Law and Practice: Chapter 7

CHAPTER 7—LIQUIDATION

SUBCHAPTER I—OFFICERS AND ADMINISTRATION

§ 701. Interim trustee

§ 702. Election of trustee

§ 703. Successor trustee

§ 704. Duties of trustee

§ 705. Creditors’ committee

§ 706. Conversion

§ 707. Dismissal of a case or conversion to a case under chapter 11 or 13

SUBCHAPTER II—COLLECTION, LIQUIDATION, AND DISTRIBUTION OF THE ESTATE

§ 721. Authorization to operate business

§ 722. Redemption

Consumer Bankruptcy Law and Practice: Chapter 11

CHAPTER 11—REORGANIZATION

SUBCHAPTER I—OFFICERS AND ADMINISTRATION

§ 1101. Definitions for this chapter

§ 1102. Creditors’ and equity security holders’ committees

§ 1103. Powers and duties of committees

§ 1104. Appointment of trustee or examiner

§ 1105. Termination of trustee’s appointment

§ 1106. Duties of trustee and examiner

§ 1107. Rights, powers, and duties of debtor in possession

§ 1108. Authorization to operate business

§ 1109. Right to be heard

Consumer Bankruptcy Law and Practice: Chapter 12

CHAPTER 12—ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL INCOME

SUBCHAPTER I—OFFICERS, ADMINISTRATION, AND THE ESTATE

§ 1201. Stay of action against codebtor

§ 1202. Trustee

§ 1203. Rights and powers of debtor

§ 1204. Removal of debtor as debtor in possession

§ 1205. Adequate protection

§ 1206. Sales free of interests

§ 1207. Property of the estate

§ 1208. Conversion or dismissal

SUBCHAPTER II—THE PLAN

Consumer Bankruptcy Law and Practice: Chapter 13

CHAPTER 13—ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR INCOME

SUBCHAPTER I—OFFICERS, ADMINISTRATION, AND THE ESTATE

§ 1301. Stay of action against codebtor

§ 1302. Trustee

§ 1303. Rights and powers of debtor

§ 1304. Debtor engaged in business

§ 1305. Filing and allowance of postpetition claims

§ 1306. Property of the estate

§ 1307. Conversion or dismissal

§ 1308. Filing of prepetition tax returns

SUBCHAPTER II—THE PLAN

Consumer Bankruptcy Law and Practice: Section 101 Definitions: Debt–Family Fisherman

(12) The term “debt” means liability on a claim.

(12A) The term “debt relief agency” means any person who provides any bankruptcy assistance to an assisted person in return for the payment of money or other valuable consideration, or who is a bankruptcy petition preparer under section 110, but does not include—

(A) any person who is an officer, director, employee, or agent of a person who provides such assistance or of the bankruptcy petition preparer;

Consumer Bankruptcy Law and Practice: Section 101 Definitions: Farmer–Incidental Property

(20) The term “farmer” means (except when such term appears in the term “family farmer”) person that received more than 80 percent of such person’s gross income during the taxable year of such person immediately preceding the taxable year of such person during which the case under this title concerning such person was commenced from a farming operation owned or operated by such person.

Consumer Bankruptcy Law and Practice: Section 101 Definitions: Indenture–Municipality

(28) The term “indenture” means mortgage, deed of trust, or indenture, under which there is outstanding a security, other than a voting-trust certificate, constituting a claim against the debtor, a claim secured by a lien on any of the debtor’s property, or an equity security of the debtor.

(29) The term “indenture trustee” means trustee under an indenture.

Consumer Bankruptcy Law and Practice: Section 101 Definitions: Patient–Security

(40A) The term “patient” means any individual who obtains or receives services from a health care business.

(40B) The term “patient records” means any record relating to a patient, including a written document or a record recorded in a magnetic, optical, or other form of electronic medium.

(41) The term “person” includes individual, partnership, and corporation, but does not include governmental unit, except that a governmental unit that—

Consumer Bankruptcy Law and Practice: Amendment History

[Pub. L. No. 97-222, § 1, 96 Stat. 235 (1982); Pub. L. No. 98-353, §§ 391, 401, 421, 98 Stat. 364, 366, 367 (1984); Pub. L. No. 99-554, §§ 201, 251, 283(a), 100 Stat. 3097, 3104, 3116 (1986); Pub. L. No. 100-506, § 1(a), 102 Stat. 2538 (1988); Pub. L. No. 100-597, § 1, 102 Stat. 3028 (1988); Pub. L. No. 101-311, §§ 101, 201, 104 Stat. 267, 268 (1990); Pub. L. No. 101-647, § 2522(e), 104 Stat. 4867 (1990); Pub. L. No. 102-486, § 3017(a), 106 Stat. 3130 (1992); Pub. L. No. 103-394, §§ 106, 208(a), 215, 217(a), 218(a), 304(a), § 501(a), (b)(1), (d)(1), 108 Stat.

Consumer Bankruptcy Law and Practice: § 102. Rules of construction

In this title—

(1) “after notice and a hearing,” or a similar phrase—

(A) means after such notice as is appropriate in the particular circumstances, and such opportunity for a hearing as is appropriate in the particular circumstances; but

(B) authorizes an act without an actual hearing if such notice is given properly and if—

Consumer Bankruptcy Law and Practice: § 103. Applicability of chapters

(a) Except as provided in section 1161 of this title, chapters 1, 3, and 5 of this title apply in a case under chapter 7, 11, 12, or 13 of this title, and this chapter, sections 307, 362(o), 555 through 557, and 559 through 562 apply in a case under chapter 15.

(b) Subchapters I and II of chapter 7 of this title apply only in a case under such chapter.

Consumer Bankruptcy Law and Practice: § 104. Adjustment of dollar amounts

(a)9 On April 1, 1998, and at each 3-year interval ending on April 1 thereafter, each dollar amount in effect under sections 101(3), 101(18), 101(19A), 101(51D), 109(e), 303(b), 507(a), 522(d), 522(f)(3) and 522(f)(4), 522(n), 522(p), 522(q), 523(a)(2)(C), 541(b), 547(c)(9), 707(b), 1182(1), 1322(d), 1325(b), and 1326(b)(3) of this title and section 1409(b) of title 28 immediately before such April 1 shall be adjusted—

Repossessions: D.1 Sample Answer and Counterclaims to Deficiency Action

CAR CREDITOR, INC. a corporation,

Plaintiff

v.

JANE CONSUMER,

Defendant

ANSWER AND COUNTERCLAIMS

1. The Defendant [admits] [lacks sufficient information or knowledge to be able to answer and therefore denies] the allegations contained in paragraph [1] of the Complaint that Plaintiff (hereafter called “Creditor”) is a corporation organized under the laws of [state], with offices for doing business in [name] County, [state].