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| Preface | |
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| Introduction | |
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| An Overview of Bankruptcy | |
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| The History of Bankruptcy | |
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| Bankruptcy Law in the United States | |
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| Ethical Considerations | |
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| Summary | |
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| Key Terms | |
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| Improve Your Understanding | |
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| The Bankruptcy Code and the Bankruptcy Rules | |
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| Summary of the Bankruptcy Code | |
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| The Format | |
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| The General Provisions--Chapter 1 | |
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| Case Administration--Chapter 3 | |
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| Creditors, the Debtor, and the Estate--Chapter 5 | |
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| Liquidation--Chapter 7 | |
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| Reorganization--Chapter 11 | |
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| Individual Reorganizations--Chapter 13 | |
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| The Family Farmer--Chapter 12 | |
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| Municipality Reorganizations--Chapter 9 | |
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| The Rules Governing Bankruptcy Practice and Procedure | |
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| Federal Rules of Bankruptcy Procedure | |
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| Federal Rules of Civil Procedure | |
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| Local Rules | |
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| General Orders | |
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| Official Forms | |
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| Bankruptcy Crimes | |
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| Ethical Considerations | |
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| Summary | |
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| Key Terms | |
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| Improve Your Understanding | |
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| The Role of the Paralegal in Bankruptcy Practice | |
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| The Paralegal's Role in Bankruptcy Practice | |
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| Community Legal Services | |
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| Legal Departments of Corporations, Banking and Lending Institutions, and Government Agencies | |
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| Law Firms | |
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| Representing Creditors | |
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| Representing Debtors | |
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| Representing Committees | |
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| Representing Trustees | |
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| Independent Paralegals | |
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| Ethical Considerations | |
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| Summary | |
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| Key Terms | |
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| Improve Your Understanding | |
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| The Building Blocks of Bankruptcy Law | |
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| Automatic Stay | |
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| In General | |
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| Automatic Stay Provisions | |
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| Executory Contracts and Unexpired Leases | |
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| In General | |
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| Rejection | |
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| Assumption | |
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| Timing | |
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| Special Situations | |
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| Procedures | |
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| Other Substantive Law Important in Bankruptcy Practice | |
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| The Uniform Commercial Code | |
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| In General | |
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| Article 2--Sales | |
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| Article 9--Secured Transactions | |
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| Other Applicable UCC Provisions | |
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| Real Estate Ownership and Financing | |
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| Real Property Interests | |
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| Real Estate Financing | |
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| Ethical Considerations | |
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| Summary | |
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| Key Terms | |
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| Improve Your Understanding | |
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| Bankruptcy Legal Research and Writing | |
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| Legal Research | |
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| Sources | |
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| Secondary Sources | |
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| Legal Writing | |
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| General Rules of Legal Writing | |
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| Citation Format | |
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| Table of Contents and Authorities | |
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| Computer-Aided Legal Research | |
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| Ethical Considerations | |
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| Summary | |
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| Key Terms | |
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| Improve Your Understanding | |
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| Research Project | |
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| Bankruptcy Litigation and Appeals | |
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| Jurisdiction | |
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| In General | |
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| Core and Noncore Proceedings | |
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| Withdrawal of Reference | |
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| Abstention | |
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| Venue | |
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| Removal | |
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| Type of Proceeding | |
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| In General | |
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| Adversary Proceedings | |
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| Contested Matters | |
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| Appeals | |
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| Local Rules | |
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| Ethical Considerations | |
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| Summary | |
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| Key Terms | |
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| Improve Your Understanding | |
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| Research Project | |
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| Drafting Project | |
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| Beginning a Bankruptcy Case | |
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| Considering Whether a Bankruptcy Case May or Should Be Filed | |
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| Limitations on Filing a Bankruptcy Case | |
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| Choosing the Right Chapter | |
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| Substantial Abuse | |
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| Case Preparation | |
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| Client Relationships | |
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| File Management | |
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| Gathering Information | |
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| Case Commencement | |
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| The Checklist | |
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| The Petition and Supporting Documents | |
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| The Filing Fee | |
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| The Schedules | |
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| The Statement of Financial Affairs | |
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| The Master Mailing List | |
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| Ethical Considerations | |
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| Summary | |
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| Key Terms | |
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| Improve Your Understanding | |
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| Drafting Project | |
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| Chapter 7: The Debtor's Perspective | |
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| Discharge | |
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| Discharge in General | |
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| Loss of a Discharge | |
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| Procedure | |
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| Revocation of a Discharge Already Granted | |
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| Dismissal of a Discharge Action | |
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| Dischargeability | |
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| Claims That Are Always Nondischargeable | |
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| Claims That May Be Nondischargeable | |
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| Procedures | |
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| Reaffirmations | |
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| Exemptions | |
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| Lien Avoidance | |
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| Redemptions | |
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| Converting or Dismissing the Case | |
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| Changing Chapters | |
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| Dismissing a Bankruptcy Case | |
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| Ethical Considerations | |
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| Summary | |
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| Key Terms | |
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| Improve Your Understanding | |
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| Research Projects | |
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| Drafting Projects | |
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| Chapter 7: The Trustee's Perspective | |
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| Collecting the Estate | |
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| Locating Property of the Estate | |
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| Safeguarding Business Assets | |
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| Turnover | |
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| Improper Postpetition Transfers | |
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| Preferences | |
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| Statutory Liens | |
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| Fraudulent Transfers or Obligations | |
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| Other Avoiding Powers | |
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| Liquidating the Estate | |
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| Abandonment | |
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| Sale of Assets | |
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| Financing the Liquidation | |
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| Employment and Compensation of Professionals | |
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| Employment of Professionals | |
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| Compensation of Professionals | |
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| Distributing the Estate | |
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| Objections to Claims | |
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| Payment of Claims | |
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| Closing the Case | |
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| Ethical Considerations | |
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| Summary | |
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| Key Terms | |
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| Improve Your Understanding | |
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| Research Projects | |
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| Drafting Projects | |
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| Chapters 12 and 13: Family Farmer and Individual Reorganizations | |
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| Chapter 13 | |
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| Chapter 13 Administration | |
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| The Chapter 13 Plan | |
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| Plan Modifications | |
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| Life During the Plan | |
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| Discharge | |
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| Converting, Dismissing, and Closing the Case | |
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| Chapter 12 | |
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| Chapter 12 Administration | |
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| The Chapter 12 Plan | |
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| Discharge | |
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| Converting, Dismissing, and Closing the Case | |
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| Ethical Considerations | |
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| Summary | |
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| Key Terms | |
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| Improve Your Understanding | |
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| Research Projects | |
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| Drafting Projects | |
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| Chapter 11: Complex Reorganizations | |
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| The Management of a Chapter 11 Debtor | |
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| The Debtor in Possession | |
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| The Appointment of a Trustee | |
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| The Creditors' Committee | |
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| Administering the Chapter 11 Case | |
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| Joint Administration | |
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| Substantive Consolidation | |
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| Limiting Notice | |
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| Employees | |
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| Relationships with Suppliers | |
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| Utilities | |
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| Financial Reports | |
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| Financing and Sale Transactions | |
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| Financing Operations | |
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| Use, Sale, and Lease of Property | |
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| The Plan | |
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| Plan Exclusivity | |
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| The Disclosure Statement | |
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| The Plan | |
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| Approval of the Disclosure Statement | |
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| The Ballot | |
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| The Confirmation Hearing | |
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| Postconfirmation Matters | |
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| Special Rules for Special Chapter 11 Cases | |
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| The Single-Asset Real Estate Case | |
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| The Small Business Case | |
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| Employment and Compensation of Professionals | |
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| Employment of Professionals | |
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| Converting, Dismissing, or Closing the Chapter 11 Case | |
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| Changing Chapters | |
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| Dismissing a Chapter 11 Case | |
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| Closing a Bankruptcy Case | |
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| Ethical Considerations | |
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| Summary | |
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| Key Terms | |
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| Improve Your Understanding | |
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| Research Projects | |
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| Drafting Projects | |
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| The Creditor's Perspective | |
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| The Unsecured Creditor | |
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| Involuntary Cases | |
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| Proofs of Claim | |
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| The No-Asset Case | |
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| Case Monitoring | |
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| Priority Creditors | |
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| Administrative Creditors | |
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| Lessors | |
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| Reclamation | |
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| Seeking a Discharge or Dischargeability Determination | |
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| The Secured Creditor | |
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| Proofs of Claim | |
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| Cash Collateral Use | |
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| Relief from the Automatic Stay | |
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| Surcharge of Collateral | |
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| Ethical Considerations | |
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| Summary | |
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| Key Terms | |
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| Improve Your Understanding | |
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| Research Projects | |
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| Drafting Project | |
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| Taxes in Bankruptcy | |
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| Taxes on the Estate | |
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| Determination of Taxes | |
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| Bankruptcy Court Jurisdiction Over Tax Claims | |
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| The Procedure for Determining the Estate's Liability | |
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| The Proper Forum for Determining the Estate's Liability | |
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| Prepetition Taxes | |
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| Administrative Expense Taxes | |
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| Priorities of Taxes | |
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| In General | |
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| Postpetition Income Taxes | |
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| Unsecured Prepetition Income Taxes | |
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| Property Taxes | |
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| Excise Taxes | |
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| Penalties | |
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| Nondischargeable Taxes | |
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| Payment of Taxes | |
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| Chapter 7 | |
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| Chapter 11 | |
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| Chapters 12 and 13 | |
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| Ethical Considerations | |
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| Summary | |
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| Key Terms | |
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| Improve Your Understanding | |
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| Research Project | |
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| Electronic Filing | |
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| What Is CM/ECF? | |
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| Typical Hardware and Software | |
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| Training on the System | |
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| Security and Privacy Issues | |
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| Future Role of Paralegals | |
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| Ethical Considerations | |
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| Summary | |
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| Key Terms | |
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| Improve Your Understanding | |
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| Research Project | |
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| Glossary | |
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| Table of Statutes | |
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| Table of Rules and Forms | |
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| Bankruptcy Websites | |
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| Index | |