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Consumer Bankruptcy Law and Practice: Sections 365(m) through 365(p)

(m) For purposes of this section 365 and sections 541(b)(2) and 362(b)(10), leases of real property shall include any rental agreement to use real property.

(n)(1) If the trustee rejects an executory contract under which the debtor is a licensor of a right to intellectual property, the licensee under such contract may elect—

Consumer Bankruptcy Law and Practice: Amendment History

[Pub. L. No. 98-353, §§ 362, 402–404, 98 Stat. 361, 367 (1984); Pub. L. No. 99-554, §§ 257(j), (m), 283(e), 100 Stat. 3115, 3117 (1986); Pub. L. No. 100-506, § 1(b), 102 Stat. 2538 (1988); Pub. L. No. 101-647, § 2522(c), 104 Stat. 4866 (1990); Pub. L. No. 102-365, § 19(b)–(e), 106 Stat. 982–984 (1992); Pub. L. No. 103-394, §§ 205(a), 219(a), (b), 501(d)(10), 108 Stat. 4122, 4128, 4145 (1994); Pub. L. No. 103-429, § 1, 108 Stat. 4377 (1994); Pub. L. No. 109-8, §§ 309(b), 328(a), 404, 119 Stat. 82, 100, 104 (2005); Pub. L. No. 116-260, § 1001(f)(1), 134 Stat. 3219 (2020).]

Consumer Bankruptcy Law and Practice: § 366. Utility service

(a) Except as provided in subsections (b) and (c) of this section, a utility may not alter, refuse, or discontinue service to, or discriminate against, the trustee or the debtor solely on the basis of the commencement of a case under this title or that a debt owed by the debtor to such utility for service rendered before the order for relief was not paid when due.

Consumer Bankruptcy Law and Practice: § 501. Filing of proofs of claims or interests

(a) A creditor or an indenture trustee may file a proof of claim. An equity security holder may file a proof of interest.

(b) If a creditor does not timely file a proof of such creditor’s claim, an entity that is liable to such creditor with the debtor, or that has secured such creditor, may file a proof of such claim.

(c) If a creditor does not timely file a proof of such creditor’s claim, the debtor or the trustee may file a proof of such claim.

Consumer Bankruptcy Law and Practice: § 503. Allowance of administrative expenses

(a) An entity may timely file a request for payment of an administrative expense, or may tardily file such request if permitted by the court for cause.

(b) After notice and a hearing, there shall be allowed administrative expenses, other than claims allowed under section 502(f) of this title, including—

(1)(A) the actual, necessary costs and expenses of preserving the estate including—

Consumer Bankruptcy Law and Practice: § 504. Sharing of compensation

(a) Except as provided in subsection (b) of this section, a person receiving compensation or reimbursement under section 503(b)(2) or 503(b)(4) of this title may not share or agree to share—

(1) any such compensation or reimbursement with another person; or

(2) any compensation or reimbursement received by another person under such sections.

Consumer Bankruptcy Law and Practice: Sections 522(h) through 522(q)

(h) The debtor may avoid a transfer of property of the debtor or recover a setoff to the extent that the debtor could have exempted such property under subsection (g)(1) of this section if the trustee had avoided such transfer, if—

(1) such transfer is avoidable by the trustee under section 544, 545, 547, 548, 549, or 724(a) of this title or recoverable by the trustee under section 553 of this title; and

Consumer Bankruptcy Law and Practice: Amendment History

[Pub. L. No. 98-353, §§ 306, 453, 98 Stat. 353, 375 (1984); Pub. L. No. 99-554, § 283(i), 100 Stat. 3117 (1986); Pub. L. No. 101-647, § 2522(b), 104 Stat. 4866 (1990); Pub. L. No. 103-394, §§ 108(d), 303, 304(d), 310, 501(d)(12), 108 Stat. 4112, 4132, 4133, 4137, 4145 (1994); Pub. L. No. 106-420, § 4, 114 Stat. 1868 (2000); Pub. L. No. 109-8, §§ 216, 224(a), (e)(1), 307, 308, 313(a), 322(a), 119 Stat. 55, 62, 65, 81, 87, 96 (2005); Pub. L. No. 111-327, § 2(a)(17), 124 Stat. 3559 (2010).]

Consumer Bankruptcy Law and Practice: § 523. Exceptions to discharge

(a) A discharge under section 727, 1141, 1192, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt—

(1) for a tax or a customs duty—

(A) of the kind and for the periods specified in section 507(a)(3) or 507(a)(8) of this title, whether or not a claim for such tax was filed or allowed;

Consumer Bankruptcy Law and Practice: Sections 524(a) through 524(f)

(a) A discharge in a case under this title—

(1) voids any judgment at any time obtained, to the extent that such judgment is a determination of the personal liability of the debtor with respect to any debt discharged under section 727, 944, 1141, 1192, 1228, or 1328 of this title, whether or not discharge of such debt is waived;

Consumer Bankruptcy Law and Practice: Section 524(g)

(g)(1)(A) After notice and hearing, a court that enters an order confirming a plan of reorganization under chapter 11 may issue, in connection with such order, an injunction in accordance with this subsection to supplement the injunctive effect of a discharge under this section.

Consumer Bankruptcy Law and Practice: Sections 524(h) through 524(j)

(h) Application to existing injunctions. For purposes of subsection (g)—

(1) subject to paragraph (2), if an injunction of the kind described in subsection (g)(1)(B) was issued before the date of the enactment of this Act, as part of a plan of reorganization confirmed by an order entered before such date, then the injunction shall be considered to meet the requirements of subsection (g)(2)(B) for purposes of subsection (g)(2)(A), and to satisfy subsection (g)(4)(A)(ii), if—

Consumer Bankruptcy Law and Practice: Section 524(k)

(k)(1) The disclosures required under subsection (c)(2) shall consist of the disclosure statement described in paragraph (3), completed as required in that paragraph, together with the agreement specified in subsection (c), statement, declaration, motion and order described, respectively, in paragraphs (4) through (8), and shall be the only disclosures required in connection with entering into such agreement.

Consumer Bankruptcy Law and Practice: Sections 524(l) through 524(m)

(l) Notwithstanding any other provision of this title the following shall apply:

(1) A creditor may accept payments from a debtor before and after the filing of an agreement of the kind specified in subsection (c) with the court.

(2) A creditor may accept payments from a debtor under such agreement that the creditor believes in good faith to be effective.

Consumer Bankruptcy Law and Practice: Amendment History

[Pub. L. No. 98-353, §§ 308, 455, 98 Stat. 354, 376 (1984); Pub. L. No. 99-554, §§ 257(o), 282, 283(k), 100 Stat. 3115–3117 (1986); Pub. L. No. 103-394, §§ 103, 111(a), 501(d)(14), 108 Stat. 4108, 4113, 4145 (1994); Pub. L. No. 109-8, §§ 202, 203(a), 1210, 119 Stat. 43, 194 (2005); Pub. L. No. 111-327, § 2(a)(19), 124 Stat. 3559 (2010); Pub. L. No. 116-54, § 4(a)(9), 133 Stat. 1086 (2019).]

Consumer Bankruptcy Law and Practice: § 525. Protection against discriminatory treatment

(a) Except as provided in the Perishable Agricultural Commodities Act, 1930, the Packers and Stockyards Act, 1921, and section 1 of the Act entitled “An Act making appropriations for the Department of Agriculture for the fiscal year ending June 30, 1944, and for other purposes,” approved July 12, 1943, a governmental unit may not deny, revoke, suspend, or refuse to renew a license, permit, charter, franchise, or other similar grant to, condition such a grant to, discriminate with respect to such a grant against, deny employment to, terminate the employ

Consumer Bankruptcy Law and Practice: 7.3.12.1 Generally

The most important document filed in a chapter 13 case is usually the debtor’s proposed plan. This plan, which only the debtor can propose, sets out how the debtor wishes to reorganize their financial situation. Its purpose, then, is to make clear how the debtor desires payments and distributions to be made in the case. The plan may be modified as of right before confirmation and also, with the court’s permission, after confirmation in certain circumstances.242

Consumer Bankruptcy Law and Practice: 7.3.12.2 Form of Plan

The form of the plan is prescribed by the Federal Rules of Bankruptcy Procedure. Rule 3015(c) requires that the national form plan, Official Form 113, be used unless the judicial district where the case is filed has adopted a local form plan as provided in Rule 3015.1.243 If a local form plan has been adopted, the local rules may, and almost always will, require that it be used.

Consumer Bankruptcy Law and Practice: 7.3.13.2 Disclosure of Fees

In every case, under Federal Rule of Bankruptcy Procedure 2016(b), a disclosure of fees paid or promised to the debtor’s attorneys must be filed. The form must also state whether the attorney is sharing fees with any other entity.299 The purpose of this form is to allow the court and the United States trustee, who also must receive a copy, to monitor fees to make sure they are reasonable.

Consumer Bankruptcy Law and Practice: 7.3.13.5 Motion for Extension of Time to File Required Documents

If the schedules, statements, plan, or other documents required to be filed within fourteen days of the petition cannot be filed on time, a motion for additional time must be filed or the case may be dismissed.309 A simple form for this purpose can easily be prepared for repeated use.310 Such an application should show cause for the extension and be served on the trustee, if any, and the United States trustee.311 Most courts routinely grant a two t