Bankruptcy Practice in Massachusetts

Essential guidance for representing clients in bankruptcy proceedings

Product Number: 2140532EBK
Publication Date: 6/24/2022
Edition: 2nd Edition 2022
Copyright: © 2022 MCLE, Inc.
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Bankruptcy Practice in Massachusetts

Essential guidance for representing clients in bankruptcy proceedings

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Print Book 350 pages in 1 volume with downloadable forms Note: For print books, with MCLE's automatic update service, book revisions are mailed automatically with an invoice. If you do not want to subscribe to updates, please check the opt out option during checkout.

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Product Description
Product Description

This publication is a comprehensive and practical guide to Massachusetts bankruptcy practice, addressing issues in both consumer and business bankruptcy. It includes an overview of the bankruptcy process and an introduction to filing a bankruptcy case—from prefiling investigation to review of the client's filing options. It also addresses a wide range of topics frequently arising in practice, such as jurisdiction, the automatic stay, the means test, distributions, exemptions, the sale or leasing of property, and plans under Chapter 11 and Chapter 13. The book provides step-by-step explanations and concrete analysis on each of these essential topics and incorporates the complete contents of two other key resources, Moving for Relief from the Automatic Stay in Bankruptcy and A Practical Guide to Consumer Bankruptcy.

Recent updates:
- Update: June 2022
  Dear Subscriber:
  
  Thank you for updating your library with the 2022 edition of Bankruptcy Practice in Massachusetts. This latest product brings updated resources within your immediate reach—for fast, accurate, and practical solutions.
  
  The 2022 edition incorporates materials from A Practical Guide to Consumer Bankruptcy and Moving for Relief from the Automatic Stay in Bankruptcy, substantially enhancing the book's treatment of these areas of practice.
  
  Other highlights from the 2022 edition include
  - enactment of the Small Business Reorganization Act of 2019, which amended Chapter 11 to add Subchapter V—designed to permit qualifying small business debtors to file bankruptcy in a more timely and cost-effective manner—with extensive discussions of the requirements of the new subchapter and its relationship to the rest of the Bankruptcy Code);
  - court decisions clarifying the scope and application of Subchapter V;
  - three-year inflation adjustments, effective April 1, 2022, to numerous dollar amounts set forth in the Bankruptcy Code;
  - detailed guidance on completing a plan under Chapter 13;
  - requirements for the approval of Chapter 13 plans, including good faith and feasibility;
  - guidance on motions for relief from the automatic stay;
  - the courts' consideration of the tension between Sections 363 and 365 of the Bankruptcy Code when lessees seek protection and the leased property is being sold "free and clear" of all claims, liens, and interests;
  - case law addressing the validity of third-party releases in Chapter 11 plans;
  - a Supreme Court decision on whether Section 365(n) of the Bankruptcy Code protects trademark licenses;
  - updates on the law governing executory contracts and unexpired leases;
  - court decisions defining what constitutes a "claim" for bankruptcy purposes, the grounds for objecting to proofs of claim, and the bases on which claims are valued; and
  - issues of mootness and jurisdiction arising in appellate practice.
  We trust you will find this latest version of Bankruptcy Practice in Massachusetts an invaluable resource for your busy practice.
  
  Cordially,
  
  John M. Lawlor, MCLE Publications Attorney
Table of Contents

Table of Contents
expand all

Chapter 1 expand

An Overview of Bankruptcy Practice in Massachusetts
Buy Chapter
Olga L. Gordon, Esq., Murtha Cullina LLP

Chapter 2 expand

Courts, Jurisdiction, and Abstention
Buy Chapter
Hon. Christopher J. Panos, U.S. Bankruptcy Court
Diane N. Rallis, Esq., U.S. Bankruptcy Court, District of Massachusetts

Chapter 3 expand

Filing a Bankruptcy Case
Buy Chapter
Mark G. DeGiacomo, Esq., Murtha Cullina LLP
David A. Mawhinney, Esq., Standing Chapter 13 Trustee (Central & Western Divisions)

Exhibit 3A
- Voluntary Petition Buy Form

Exhibit 3B
- MLBR Official Form 1: Matrix List of Creditors Buy Form

Exhibit 3C
- Schedule A/B Buy Form

Exhibit 3D
- Schedule C Buy Form

Exhibit 3E
- Schedule D Buy Form

Exhibit 3F
- Schedule E/F Buy Form

Exhibit 3G
- Schedule G Buy Form

Exhibit 3H
- Schedule H Buy Form

Exhibit 3I
- Schedule I Buy Form

Exhibit 3J
- Schedules J and J-2 Buy Form

Exhibit 3K
- Statement of Financial Affairs Buy Form

Exhibit 3L
- Attorney Compensation Disclosure Buy Form

Exhibit 3M
- Statement of Intention Buy Form

Exhibit 3N
- Summary of Assets and Liabilities Buy Form

Exhibit 3O
- Declaration About Schedules Buy Form

Chapter 4 expand

After Filing the Bankruptcy Case
Buy Chapter
Mark G. DeGiacomo, Esq., Murtha Cullina LLP

Chapter 5 expand

Means Test and Discharge
Buy Chapter
Marques C. Lipton, Esq., Lipton Law Group LLC
Kate E. Nicholson, Esq., Nicholson, PC

Exhibit 5A
- Table Showing Exceptions to Discharge in Individual Cases Buy Form

Chapter 6 expand

Exemptions
Buy Chapter
Mark G. DeGiacomo, Esq., Murtha Cullina LLP

Chapter 7 expand

Chapter 13 Plans
Buy Chapter
Carolyn A. Bankowski, Esq., Office of the Chapter 13 Trustee
Mark G. DeGiacomo, Esq., Murtha Cullina LLP

Exhibit 7A
- Official Local Form 3 Buy Form

Exhibit 7B
- Official Local Forms 3A and 3B Buy Form

Exhibit 7C
- Official Local Form 4 Buy Form

Chapter 8 expand

Automatic Stay
Buy Chapter
Donald R. Lassman, Esq., Law Office of Donald R. Lassman
Marcus Pratt, Esq., Korde & Associates, PC

Exhibit 8A
- Notice of Bankruptcy (Chapter 7) Buy Form

Exhibit 8B
- Notice of Bankruptcy (Chapter 11) Buy Form

Exhibit 8C
- Notice of Bankruptcy (Chapter 13) Buy Form

Exhibit 8D
- Suggestion of Bankruptcy Buy Form

Exhibit 8E
- Notice of Appearance and Request for Service of Papers Buy Form

Exhibit 8F
- Motion for Relief from the Automatic Stay (Chapter 7) Buy Form

Exhibit 8G
- Motion for Relief from the Automatic Stay (Chapter 13) Buy Form

Exhibit 8H
- Stipulation Regarding Motion for Relief from the Automatic Stay Buy Form

Exhibit 8I
- Motion to Approve Stipulation Buy Form

Exhibit 8J
- Notice of Default Buy Form

Exhibit 8K
- Affidavit of Noncompliance Buy Form

Chapter 9 expand

Trustee Recovery Actions
Buy Chapter
Mark G. DeGiacomo, Esq., Murtha Cullina LLP

Chapter 10 expand

Claims and Priority of Distributions
Buy Chapter
Kathleen R. Cruickshank, Esq., Murphy & King, PC

Chapter 11 expand

Cash Collateral and Incurring Debt
Buy Chapter
M. Hampton Foushee, Choate Hall & Stewart LLP
Douglas R. Gooding, Esq., Choate Hall & Stewart LLP
Jonathan D. Marshall, Esq., Choate Hall & Stewart LLP

Exhibit 11A
- Cashman Equipment Corp. Motion to Use Cash Collateral on an Interim Basis Buy Form

Exhibit 11B
- Cashman Equipment Corp. Order Granting Interim Use of Cash Collateral Buy Form

Exhibit 11C
- High Voltage Motion Buy Form

Exhibit 11D
- High Voltage Order Buy Form

Chapter 12 expand

Sale and Lease of Property
Buy Chapter
John J. Monaghan, Esq., Holland & Knight LLP
Diane N. Rallis, Esq., U.S. Bankruptcy Court, District of Massachusetts

Exhibit 12A
- Bid Procedures and Sale Motion Buy Form

Exhibit 12B
- Order on Bid Procedures Buy Form

Exhibit 12C
- Order on Sale Motion Buy Form

Exhibit 12D
- Official Local Form 2A: Notice of Intended Private Sale Buy Form

Exhibit 12E
- Official Local Form 2B: Notice of Intended Public Sale Buy Form

Chapter 13 expand

Executory Contracts and Unexpired Leases: An Overview of Section 365 of the Bankruptcy Code
Buy Chapter
Macken Toussaint, Esq., Riemer & Braunstein LLP

Chapter 14 expand

Chapter 11 Plan of Reorganization
Buy Chapter
Christine E. Devine, Esq.,

Exhibit 14A
- Outline of the Contents of a Typical Disclosure Statement Buy Form

Exhibit 14B
- Outline of the Contents of a Typical Plan of Reorganization Buy Form

Exhibit 14C
- Outline of the Contents of a Typical Subchapter V Plan of Reorganization Buy Form

Chapter 15 expand

Chapter 11 Postconfirmation Issues and Appeals
Buy Chapter
Justin Kesselman, Esq.,
Editors & Authors

Editor(s)

Adam J. Ruttenberg, Esq., Beacon Law Group LLC, Boston

Author(s)

Carolyn A. Bankowski, Esq., Office of the Chapter 13 Trustee, Boston

Kathleen R. Cruickshank, Esq., Murphy & King, PC, Boston

Mark G. DeGiacomo, Esq., Murtha Cullina LLP, Boston

Christine E. Devine, Esq., Medway

M. Hampton Foushee, Choate Hall & Stewart LLP, Boston

Douglas R. Gooding, Esq., Choate Hall & Stewart LLP, Boston

Olga L. Gordon, Esq., Murtha Cullina LLP, Boston

Justin Kesselman, Esq., Boston

Donald R. Lassman, Esq., Law Office of Donald R. Lassman, Needham

Marques C. Lipton, Esq., Lipton Law Group LLC, Framingham

Jonathan D. Marshall, Esq., Choate Hall & Stewart LLP, Boston

David A. Mawhinney, Esq., Standing Chapter 13 Trustee (Central & Western Divisions), Worcester

John J. Monaghan, Esq., Holland & Knight LLP, Boston

Kate E. Nicholson, Esq., Nicholson, PC, Cambridge

Hon. Christopher J. Panos, U.S. Bankruptcy Court, Worcester

Marcus Pratt, Esq., Korde & Associates, PC, Lowell

Diane N. Rallis, Esq., U.S. Bankruptcy Court, District of Massachusetts, Worcester

Macken Toussaint, Esq., Riemer & Braunstein LLP, Boston

TOP

Bankruptcy Practice in Massachusetts

Essential guidance for representing clients in bankruptcy proceedings

Bankruptcy Practice in Massachusetts

Essential guidance for representing clients in bankruptcy proceedings

Choose Format:

Product Description

Recent updates:

Table of Contents

An Overview of Bankruptcy Practice in Massachusetts

Courts, Jurisdiction, and Abstention

Filing a Bankruptcy Case

Exhibit 3A

Exhibit 3B

Exhibit 3C

Exhibit 3D

Exhibit 3E

Exhibit 3F

Exhibit 3G

Exhibit 3H

Exhibit 3I

Exhibit 3J

Exhibit 3K

Exhibit 3L

Exhibit 3M

Exhibit 3N

Exhibit 3O

After Filing the Bankruptcy Case

Means Test and Discharge

Exhibit 5A

Exemptions

Chapter 13 Plans

Exhibit 7A

Exhibit 7B

Exhibit 7C

Automatic Stay

Exhibit 8A

Exhibit 8B

Exhibit 8C

Exhibit 8D

Exhibit 8E

Exhibit 8F

Exhibit 8G

Exhibit 8H

Exhibit 8I

Exhibit 8J

Exhibit 8K

Trustee Recovery Actions

Claims and Priority of Distributions

Cash Collateral and Incurring Debt

Exhibit 11A

Exhibit 11B

Exhibit 11C

Exhibit 11D

Sale and Lease of Property

Exhibit 12A

Exhibit 12B

Exhibit 12C

Exhibit 12D

Exhibit 12E

Executory Contracts and Unexpired Leases: An Overview of Section 365 of the Bankruptcy Code

Chapter 11 Plan of Reorganization

Exhibit 14A

Exhibit 14B

Exhibit 14C

Chapter 11 Postconfirmation Issues and Appeals

Editor(s)

Author(s)