With the enactment of the Bankruptcy Abuse Prevention Consumer Protection Act of 2005 (BAPCPA) after 8 years of repeated attempts by Congress to completely revise the Bankruptcy Code, it became evident that the last Edition of this Book in 2002 had to be revised to reflect the monumental and far reaching changes brought about by this Legislation. This work is designed to give the reader a complete landscape of the revised bankruptcy jurisprudence. It does not cover the new Chapter 15, entitled "Ancillary and Other Cross-Border Cases" which also includes the Model Law on Cross-Border Insolvency. The new Chapter 15 replaced the former Section 304 of the Bankruptcy Code. In the event there are significant developments in the field of Cross-Border insolvencies, the subject might be explored later either in the form of a supplement to this work or by the treatment of this complex subject in a separate publication. While BAPCPA only became partially operative in April 2005, it is now fully operational since October 17, 2005. In addition to the revisions to the Bankruptcy Code by BAPCPA, since the last revision of this work, there has been a significant body of case law developed by the Supreme Court and by the Courts of Appeal, giving rise to an opportunity to update the cases cited in this work.
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INTRODUCTION TO BANKRUPTCY
JURISDICTION OF THE BANKRUPTCY
CONTEMPT AND SANCTIONS IN
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11th Cir 3d Cir 9th Cir action administrative adversary proceeding agreement amendment applicable appointment assets attorney automatic stay avoid Bankr bankruptcy court bankruptcy judge BAPCPA cash collateral cert Chapter 11 Circuit claimed as exempt Code commencement confirmation consumer debts contract conversion Corp corporation court held debt debtor in possession debtor's right denied determination disclosure statement dismissal district court entitled equity exception federal fees fiduciary filed Florida fraudulent funds granted hearing homestead exemption individual debtor involved judgment jurisdiction lease liability lien litigation loan M.D. Fla meeting of creditors motion nonbankruptcy nondischargeable notice objection obligation obtain party of interest payment permits petition postpetition prepetition prior priority proof of claim provides pursuant to Section relief reorganization Rule secured creditor security interest sovereign immunity spouse statute Subsection supra term transfer trustee's United States Trustee unsecured claim violation