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Coverage of Consumer Bankruptcy Abstracts & Research

Consumer Bankruptcy Abstracts & Research (CBAR) provides comprehensive coverage of decisions on bankruptcy law in Chapter 7 and 13 consumer bankruptcy cases. Chapter 11 and 12 cases are generally beyond the newsletter's scope, as are most decisions on nonbankruptcy legal issues.

Within its core coverage area, CBAR exerts particular diligence in reporting BAPCPA decisions. Beyond BAPCPA, coverage is broad and deep, as the following outline of content demonstrates. Due to the sheer number of decisions, inclusion is necessarily selective, and in a few areas—dischargeability of other than educational and marital debts, fraudulent and other avoidable transfers, denial of Chapter 7 discharge—inclusion is highly selective.

 

Section One: Nonchapter-Specific Materials

A. Automatic Stay

Existence of Stay

Relief from Stay

Violation of Stay

B. Dischargeability

Marital Debts

Student Loans

Other Debts

Other Issues

C. Jurisdiction and Procedure

Adversary Procedure

Appellate Procedure

Other Procedural Issues

Jurisdiction

D. Means Test

Consumer Debts

Income

Marital Adjustment

Household Size

Expenses: Basic Expenses

Expenses: Payments on Secured Debts

Expenses: Payment of Priority Claims

Special Circumstances

Other Issues

E. Proof of Claim

(1) Claims, Generally

Nature of Obligation as “Claim”

(2) Proof of Claim

By Secured Creditor: Amount of Claim: Prepetition Charges

By Secured Creditor: Amount of Claim: Postpetition Charges

By Secured Creditor: Ownership of Claim

By Secured Creditor: Secured Status of Claim

By Unsecured Creditor

Other Issues

F. Property of the Estate

Generally

Exclusions

Exemptions: Availability

Exemptions: Avoidance of Liens

Exemptions: Limitations

Exemptions: Procedure

Exemptions: Under Federal law

Exemptions: Under State Law

Exemptions: Other Issues

Turnover

G. Other Issues

Audit and Examination of Debtor

Authority of the Court

Avoidable Transfers and Liens

Discharge Injunction

Release of Personally-Identifying Information

Required Documentation

Valuation of Assets

Miscellaneous Issues

 

Section Two: Chapter 7 Issues

Abuse: Procedure

Abuse: Under Means Test

Abuse: Under Totality of the Circumstances

Bad Faith or "Cause" as Basis for Dismissal

Conversion of Case

Denial or Revocation of Discharge

Dismissal by Debtor

Reaffirmation Agreements; Statements of Intention;
Redemption of Collateral; Assumption of Lease of Personal Property

Other Issues

 

Section Three: Chapter 13 Issues

A. Confirmation of Plan—Treatment of Secured Claims—Effect of Hanging Paragraph

Acquisition of Vehicle for Personal Use of Debtor

Effect of Surrender of 910 Vehicle

Existence of Purchase Money Security Interest in 910 Vehicle

Other Issues Relating to 910 Vehicles

Collateral Other than 910 Vehicles

B. Confirmation of Plan—Treatment of Secured Claims—Other Issues

Generally

Bifurcation, Lien Stripping, Modification

Cure of Default

Plan Provisions Restricting Residential Mortgage Creditors

C. Confirmation of Plan—Treatment of Unsecured Claims

Compliance with Projected Disposable Income Requirement

Length of Plan

Other Issues

D. Confirmation of Plan—Other Issues

Confirmation of Plan: Good Faith

Confirmation of Plan: Other Issues

Effect of Plan Confirmation

E. Topics Other than Confirmation of Plan

Miscellaneous Actions against Mortgage Creditors

Modification of Plan

Required Documentation: Tax Returns

Scope of Discharge

Trustee Investigations of Mortgage Creditors

Other Issues