Available at: https://www.fjc.gov/sites/default/files/materials/09/Consumer-Bankruptcy-Law-Chapters-7-and-13-Second-Edition.pdf
Preface:
This monograph provides an overview of consumer bankruptcy law and describes the statutory framework for bankruptcy relief under Chapters 7 and 13 of the Bankruptcy Code, Title 11 of the U.S. Code. It is intended primarily as a reference for Article III judges, especially district judges, who may not handle bankruptcy cases frequently; other judges may also find it helpful.
The monograph describes the types of fact and legal issues that arise in the bankruptcy and appellate courts, highlighting the relevant and principal Su-preme Court, appellate, and trial court authority. Important circuit conflicts are examined where applicable. This edition updates case law and legislation.
Case law is current through February 28, 2025. Some unpublished decisions are cited. Although they are not precedential, they may have persuasive value. References to the U.S. Code are to the 2022 version unless stated otherwise. References to “the Code” refer to the Bankruptcy Code, which is Title 11. For Official Bankruptcy Forms, please visit https://www.uscourts.gov/forms-rules/forms/bankruptcy-forms. Bankruptcy forms are subject to periodic revision, with several revisions to Official and Director’s Bankruptcy Forms and their instructions taking effect on June 22 and December 1, 2024. Restyling of Bankruptcy Rules Parts I through IX took effect December 1, 2024. The restyled Bankruptcy Rules now apply the same general drafting guidelines and principles used in restyling the Appellate, Criminal, Civil, and Evidence Rules. These changes are intended to be stylistic only. Additional substantive amendments to Bankruptcy Rules 1007, 4004, 5009, 7001, and 9006 and new Rule 8023.1 took effect December 1, 2024. Please check the For Further Reference section, which lists suggested sources for more complete analyses of consumer bankruptcy issues and law.
The author would like to thank Judge Jon P. McCalla (W.D. Tenn.) for his invaluable review of the drafts of the first and second editions of this monograph.
Commentary:
While the explicitly identified audience for Judge Brown's excellent manuscript for the Federal Judicial Center about consumer bankruptcy are the federal district court judges "who may not handle bankruptcy cases frequently", that seems to be a degree of (retired) judicial discretion in not noting the uniformly recognized bankruptcy reality that the higher on the appellate ladder, the less the judges (or justices!) actually understand about consumer cases. Similarly, a respect for federalism perhaps explains this isn't directed to educating state court judges, from whom the alien and byzantine nature of bankruptcy law often results in blank stares or even hostility.
But more being just a primer for non-bankruptcy judges, this clear and concise overview of consumer bankruptcy, at less than 100 pages (footnotes are ignored!), this is a perfect introduction for paralegals and others without bankruptcy experience.
Even for those who have think they already delved deeplyy into the Bankruptcy Code, there are valuable veins to mine, including that Judge Brown's summary, rather than the oft repeated dross/gloss on Ch. 13 (made again and again in academic papers) that "Chapter 13 requires payment of a debtor's income" to creditors, instead recognizes that unsecured creditors are rarely paid much, let alone in full.
More specific nuggets for me included the comment regarding Bankruptcy Rule 1019(b)(3) and its limitations on when exemptions can challenged following conversion- making Ch. 20 an even more useful alloy for debtors.
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To read a copy of the transcript, please see:
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