American Bankruptcy Institute
Bankruptcy and Debt under the Servicemembers Civil Relief Act The members of the U.S. armed forces make enormous sacrifices on behalf of this country. As such, they have numerous rights and protections against creditor collection efforts, both built into the Bankruptcy Code and found in the Servicemembers Civil Relief Act (formerly the Soldiers and Sailors Civil Relief Act). Written by Jack Williams and Susan Seabury, Bankruptcy and Debt under the Servicemembers Civil Relief Act covers the provisions of both the Act and the Bankruptcy Code that are designed to assist debtors in the armed forces, and discusses the instances that may thwart a servicemember’s eligibility for bankruptcy relief. The book also contains the relevant sections of the Servicemembers Civil Relief Act addressing servicemember protections related to litigation, debt collection and bankruptcy filings, and includes sample forms and letters. This handbook provides invaluable guidance to the attorney representing the servicemember, and works to explain the process, issues and implications of filing. Softbound, 192 pages. Members: $25; Non-members: $45. #09009
Reaffirmation Agreements in Consumer Bankruptcy Cases Written by Don Lassman and Dan Austin, this handbook addresses what to expect under BAPCPA when consumer debtors want to reaffirm their debts. The necessity, timing and content of reaffirmation agreements are governed by various Bankruptcy Code provisions and by applicable nonbankruptcy law, which may vary from state to state. Reaffirmation Agreements in Consumer Bankruptcy Cases details the relevant Code sections dealing with reaffirmations and provides guidance for debtor, creditor and practitioner. Softbound, 128 pages. Members: $25; Non-members: $45. #09-003
Chapter 13 in 13 Chapters Chapter 13 in 13 Chapters provides a comprehensive overview of the chapter 13 process from the perspective of both debtors and creditors. Everything from filing preparation and debtor education to the role of the chapter 13 trustee to the discharge of debts is covered, as well as things to consider before a case is converted. Written by William J. McLeod and edited by M. Regina Thomas, the manual provides sage advice for the chapter 13 attorney regarding the timing of the debtor’s tax filings, anticipating and addressing a debtor’s change in circumstances post-confirmation, enforcing the debtor’s rights against a creditor’s collection activity, and post-discharge actions. Heavily peppered with case citations and key excerpts from relevant sections of the Bankruptcy Code, Chapter 13 in 13 Chapters is the essential reference guide that chapter 13 attorneys should have at their fingertips to assist in their practice and to share with clients. Softbound, 272 pages. Members: $35; Non-members: $55. #09-004
Thorny Issues in Consumer Bankruptcy Cases Based on a series of successful webinars ABI has held, Thorny Issues in Consumer Bankruptcy Cases addresses some of the “hot and not-so-easy” issues arising in today’s consumer bankruptcy practice. A compilation of materials that was presented during some of the sessions, the book covers such topics as getting the discharge, paying debtor and creditor counsel in chapter 13, credit counseling and debtor education, and post-confirmation modifications. The book covers bankruptcy practice in the wake of BAPCPA by focusing on the recurring “thorny” issues that do not have clearly defined answers, presenting both sides to the arguments and overturned decisions. For those wading through the murky world of modern consumer case law, Thorny Issues in Consumer Bankruptcy Cases is a must-have for any consumer bankruptcy practitioner. Softbound, 154 pages. Members: $25; Non-members: $45. #08-012
Consumer Bankruptcy: Fundamentals of Chapter 7 and Chapter 13 of the U.S. Bankruptcy Code, Second Edition Written by ABI Consumer Bankruptcy Committee Co-chair Thomas Yerbich, the Consumer Bankruptcy Manual, 2nd Edition provides full coverage of the 2005 amendments, as well as the fundamentals of consumer bankruptcy proceedings under chapter 7 or 13 of the Code. Topics covered include how the two statutory schemes work, their differences, the duties of the debtor in the bankruptcy process, the rights and procedures applicable to creditors, dischargeability/discharge, the automatic stay, commonly asked questions and much more. Softbound, 170 pages. Members: $25; Non-members: $35. #05-020
Please visit the online bookstore at abiworld.org/abistore for even more titles of general interest to consumer bankruptcy professionals on topics such as evidence, mediation, litigation, appeals, preferences and much more!
Bankruptcy Fundamentals for the Financial Services Industry: A Handbook for Non-lawyers
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Written by Debra Lee Hovatter (Spilman Thomas & Battle, PLLC), this Handbook is designed for nonlawyer professionals who service consumer bankruptcy accounts for financial institutions, servicing companies and debt collectors. It is a guide to understanding the bankruptcy process, the debtor’s rights and how bankruptcy affects a creditor’s rights with respect to a consumer bankruptcy account. Among the topics covered are the basics of bankruptcy, the attributes of the different chapters under which a consumer may seek protection, the automatic stay and discharge, reaffirmation and avoiding liens in bankruptcy. This is the perfect guide for lawyers who do not practice in the bankruptcy arena, but want to understand the concepts. Softbound, 176 pages. Members: $25; Non-members: $35. #07-017
When Worlds Collide: Bankruptcy and Its Impact on Domestic Relations and Family Law, Third Edition Divorce and bankruptcy are alike in that each attempts to provide a “fresh start,” but the laws are often in conflict. This resource, now updated to include BAPCPA changes, was developed for an ABI educational program to help family court judges better identify and deal with bankruptcy issues, such as the impact of the automatic stay, the power of the courts to enjoin state courts, property of the bankruptcy estate, the impact of the bankruptcy discharge on alimony, child support, maintenance and property settlements, post-petition divorce actions and exempt property. Appendices feature sections of the Bankruptcy Code, a list of relevant cases and articles, and a directory of bankruptcy judges and court clerks. Softbound, 120 pages. Members: $30; Non-members: $40. #05-029
Taking Charge of your Finances DVD
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Hosted by U.S. Bankruptcy Judge Leif M. Clark (W.D. Texas), this DVD covers the basics of household budgeting, understanding the cost of credit and where to turn should consumers find themselves in severe financial trouble. Both chapters 7 and 11 are covered in substance and procedure. The video was produced under a grant awarded to ABI by the national Association of Attorneys General. Running time: 15 minutes. Members: $5; Non-members: $10. #05-016
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