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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: 1.5.1.2 The 1984 Amendments

Like the Bankruptcy Reform Act, the 1984 amendments, particularly those concerning consumer bankruptcy, evolved through a lengthy process of hearings and reports followed by a last-minute frenzy of compromises. As with the 1978 Act, there is no formal conference report and no explanation of many of the final provisions other than in statements on the floor of Congress by their sponsors.

Consumer Bankruptcy Law and Practice: 1.5.1.3 The 1986 Amendments

The legislative history of the 1986 amendments is somewhat less ample. The United States Trustee Program, first conceived and discussed in the legislative history of the 1978 Bankruptcy Reform Act, was the subject of several competing bills in the House and Senate. Similarly, the plight of family farmers led to the hurried introduction of a number of bills to remedy their situation.

Consumer Bankruptcy Law and Practice: 1.5.1.4 The Bankruptcy Reform Act of 1994

Like much other bankruptcy legislation, the Bankruptcy Reform Act of 1994 was passed in a flurry of last-minute activity, so there is no conference report detailing the final compromises between the House and Senate versions of the bill. Instead, these compromises were worked out as the bill was being considered in the House Judiciary Committee and during the time between its passage out of that committee and its consideration on the House floor.

Consumer Bankruptcy Law and Practice: 1.5.2 Rules Advisory Committee Notes

The Federal Rules of Bankruptcy Procedure were accompanied by advisory committee explanatory notes, as was each amendment to those rules. These notes are available online as companion material to this treatise and in a number of published versions of the rules137 and, like the legislative history, are the most authoritative explanation of the drafters’ intent. On questions of rule interpretation, therefore, they should be the first source consulted.

Consumer Bankruptcy Law and Practice: 1.5.3 Treatises and Texts

Collier on Bankruptcy. Of the many treatises and texts on bankruptcy law that have been available, one has become by far the most frequently used and is a bible to many judges and practitioners.138 Any office doing a substantial amount of bankruptcy work should have access to Collier on Bankruptcy,139 which is co-edited by one of the principal congressional staff persons who worked on drafting the legislation.140

Consumer Bankruptcy Law and Practice: 1.5.4 Reporting Services

Because much of the initial case law developed under the Code is found in decisions of the bankruptcy courts, which are not reported in the Federal Supplement or other standard reporters, and because federal district court bankruptcy decisions are no longer reported in the Federal Supplement, access to a bankruptcy reporting service is essential.160 Several competing services are available.

Consumer Bankruptcy Law and Practice: 1.5.7 Computer-Assisted Legal Research

One of the fastest and most thorough methods of bankruptcy research is use of any of the several computer-assisted legal research services that are now available, for example, Lexis and Westlaw. These systems contain a full-text database of bankruptcy cases, and usually also contain many unreported decisions, as well as a citator. The Lexis and Westlaw databases also contain public record information that may be necessary, including UCC filings, bankruptcy records, and various bulletins, law reviews, and newsletters. These services are now available over the Internet.

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: 2.1 Introduction

Article 9 of the Uniform Commercial Code is the primary source of law for the creation and enforcement of security interests in personal property. This chapter provides an introduction to Article 9.

Repossessions: 2.2.4.8.1 Introduction

In commercial transactions it is often hard to distinguish between security interests in assets such as receivables and assignments or sales of those assets.142 Article 9 makes these distinctions unimportant, however, by covering not only true security interests, but also the sale of accounts, chattel paper, payment intangibles, and promissory notes.143 The term “account” is broadly defined to include a right to payment of many kinds of monetary obligations, including not only familiar items suc