Bankruptcy Depositions
Alan Braunstein
Price: $140.00 350 pages. 1 Looseleaf Volume. Updated annually or when needed.
ISBN-13: 978-1-57823-104-1 / ISBN-10: 1-57823-104-3
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Bankruptcy.01 Introduction
Bankruptcy.02 The Bankruptcy Code: Its History and Purpose
[1]— General Background of the Code and Title 11
[2]— Title 28: The Bankruptcy Code's Jurisdictional Provisions: Generally
[3]— The Bankruptcy Code: Its Structure
[4]— The General Provisions of Title 11, Chapter 1
[5]— The Administration Provisions of Title 11, Chapter 3
[6]— Sections 341 and 343: The Examination of the Debtor: Introduction
[7]— The Bankruptcy Estate: Title 11, Chapter 5
Bankruptcy.03 The Operative Chapters of Bankruptcy Cases
[1]— The Liquidation Provisions of a Chapter 7 Case
[2]— The Municipality Case: Chapter 9
[3]— The “Reorganization” Chapter: Chapter 11
[4]— The Family Farmer Provisions of the Provisional (and Perhaps Former) Chapter 12
[5]— The Reorganization Chapter for Individuals: Chapter 13
Bankruptcy.04 Conversion of a Case to Another Chapter
Bankruptcy.05 Jurisdiction
[1]— Statutory Provisions and Scope: Core v. Non-Core Proceedings
[2]— Implied Consent to Jurisdiction
[3]— Venue and Abstention
Bankruptcy.06 Rules of Bankruptcy Procedure
[1]— Federal Rules of Bankruptcy Procedure
[a]— Introduction
[b]— The Structure of the Bankruptcy Rules
[1]— Part I: Case Commencement
[2]— Part II: Notice and Examinations
[3]— Part III: Claims Procedures
[4]— Part IV: Creditor v. Debtor Rights: The Automatic Stay, Exemptions, Discharge
[5]— Part V: The Court's Eye View
[6]— Part VI: Disposition of Estate Assets
[7]— Part VII: Adversary Proceedings and Certain Contested Matters
[8]— Part VIII: The Appeal Rules Process
[9]— Part IX: General Definitions, Contested Matters, Extensions
[2]— Bankruptcy Rules Relating to Depositions and Oral Examinations
[3]— Local Rules of Bankruptcy Procedure
[4]— Traps for the Unwary: Three Examples
[a]— Exemptions Objection
[b]— Discharge
[c]— Core vs. Non-Core
[5]— Exceptions
Bankruptcy.07 General Matters Pertaining to Bankruptcy Litigations
[1]— Examinations under Section 343 and Bankruptcy Rule 2004
[2]— Privilege Against Self-Incrimination
[3]— Waiver of Attorney-Client Privilege
[4]— The Automatic Stay
[5]— Reclamation
[6]— Grounds for the Appointment of a Chapter 11 Trustee
Bankruptcy.08 Commencement of a Case
[1]— The Petition and the Order for Relief
[2]— The Schedules and Statement of Affairs
[3]— Property of the Estate
[4]— Exemptions
[5]— Dischargeability
[6]— Creditors and Claims
Bankruptcy.09 The Avoidance Powers
Bankruptcy.10 Discovery in the Age of Computer Electronics
Bankruptcy.11 Section 341 (a) Examination of Debtor
Bankruptcy.12 Forms for 2004 Examinations, Notice of Depositions and Document Requests
[1]— Motion to Conduct 2004 Examination After Continued (But Not Held) 341 Meeting to Determine Viability of Potential Claims Affecting Dischargeability
[2]— Sample Motion to Conduct 2004 Examination of Creditor Concerning Feasibility of Chapter 13 Plan
[a]— Schedule “A” to Motion of Creditor for Authority to Conduct 2004 Examination on the Debtor
[3]— Notice of Deposition Regarding Avoidable Preference
[a]— Notice of Deposition
[b]— Definitions and Instructions
[c]— Subject Matters of Inquiry
Bankruptcy.13 Sample Depositions: Strategy, Commentary and Analysis
[1]— 341 Meeting and Examination: Failure of Debtor to Properly Disclose Assets
[a]— The First Meeting of Creditors
[b]— Motions to Convert to Avoid Further Investigation of Debtor's Financial Affairs
[c]— Facts
[d]— Strategy
[e]— Examination
[2]— 2004 Examination of Debtor's Spouse to Determine Contribution from Debtor's Property of the Estate
[a]— Facts
[b]— Strategy
[c]— Examination
[3]— Examination by Trustee and Cross-Examination by Creditor at Chapter 7 Corporation (Continued 341 Meeting)
[a]— Facts
[b]— Strategy
[c]— Examination
[4]— Declaratory Judgment Proceeding Under 11 U.S.C. § 541: Turnover of Property of the Estate
[a]— Facts
[b]— Strategy
[c]— Examination
[5]— 2004 Examination by Creditor of “No-Asset,” Debtor Case Concerning Dissipation of Assets and Potential Section 523 Action to Except Creditors' Debt from Discharge
[a]— Facts
[b]— Strategy
[c]— Examination
[6]— Dischargeability Action
Bankruptcy.14 Adversary Proceeding Coversheet
Index