Product Description

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

Chapter 1 expand

An Overview of Bankruptcy Practice in Massachusetts

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Olga L. Gordon, Esq., Murtha Cullina LLP

Chapter 2 expand

Courts, Jurisdiction, and Abstention

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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

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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

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Mark G. DeGiacomo, Esq., Murtha Cullina LLP

Chapter 5 expand

Means Test and Discharge

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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

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Mark G. DeGiacomo, Esq., Murtha Cullina LLP

Chapter 7 expand

Chapter 13 Plans

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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

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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

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Mark G. DeGiacomo, Esq., Murtha Cullina LLP

Chapter 10 expand

Claims and Priority of Distributions

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

Chapter 11 expand

Cash Collateral and Incurring Debt

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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

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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

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Macken Toussaint, Esq., Riemer & Braunstein LLP

Chapter 14 expand

Chapter 11 Plan of Reorganization

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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

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Justin Kesselman, Esq.,

Editor(s)

Author(s)