ABI Books & Manuals

Reaffirmation Agreements in Consumer Bankruptcy Cases, Second Edition

The first edition of Reaffirmation Agreements in Consumer Bankruptcy Cases addressed what to expect under BAPCPA when consumer debtors want to reaffirm their debts. The financial crisis has since significantly altered the landscape for consumer debt reaffirmations, prompting renewed scrutiny by debtors, creditors and bankruptcy courts. This Second Edition provides an expanded update of reaffirmation essentials, including the necessity, timing and content of reaffirmation agreements. In addition, it addresses cutting-edge issues such as loan modifications, post-discharge litigation and increased involvement by bankruptcy courts. The handbook discusses the relevant Bankruptcy Code sections and addresses the December 2009 changes to the Federal Rules of Bankruptcy Procedure. It also includes reaffirmation statistics, a sample letter for creditors and a state-by-state comparison of enforcement of ipso facto provisions. The handbook provides essential information and guidance for debtor and creditor practitioners and clients. Softbound, 180 pages.

Thorny Issues in Consumer Bankruptcy Cases

Based on a series of successful webinars ABI held in various cities that discussed consumer bankruptcy topics, 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 traverses the less-traveled path of consumer 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. In addition, overturned decisions are presented to help practitioners understand the development of the current positions. For those wading through the sometimes murky world of modern consumer case law, Thorny Issues in Consumer Bankruptcy Cases is a must-have addition to any consumer bankruptcy practitioner’s library. Softbound, 154 pages.

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 relevant sections of the Bankruptcy Code, a list of cases and articles on the topic, and a directory of bankruptcy judges and bankruptcy court clerks. Softbound, 120 pages.

Bankruptcy and Debt under the Servicemembers Civil Relief Act

The men and women 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). These additional protections can provide a significant amount of relief to servicemembers, whose financial situations can present unique challenges. 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. Replete with case law, 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 explains the process, issues and implications to the servicemember. Softbound, 192 pages.

Consumer Bundle

1. Reaffirmation Agreements in Consumer Bankruptcy Cases, Second Edition
2. Thorny Issues in Consumer Bankruptcy Cases
3. When Worlds Collide: Bankruptcy and Its Impact on Domestic Relations and Family Law, Third Edition
4. Bankruptcy and Debt under the Servicemembers Civil Relief Act

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 and when to modify the terms of a payment plan. 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 to help explain the bankruptcy process. Softbound, 272 pages.

Bankruptcy - A Survival Guide for Lenders, Second Edition

Bankruptcy - A Survival Guide for Lenders, Second Edition was developed specifically to assist lenders in understanding the bankruptcy process in business and consumer cases, and their role in that process. This updated edition addresses the changes with the 2005 amendments to the bankruptcy law and covers substantive bankruptcy issues, procedures and strategies for lenders. The Guide features practical advice in the form of "sidebars" geared toward the protection of lenders' interests during a bankruptcy case, and glossaries of both bankruptcy terms and bankruptcy cases, as well as a list of commonly asked questions. Written with the non-attorney in mind, the text cross-references relevant terms and cases in the glossaries for further information, and highlights special points throughout. Executives and managers in banking, as well as turnaround specialists, and lenders in particular, will find the Guide an indispensable resource. Softbound, 176 pages.

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.

Bankruptcy Fundamentals for the Financial Services Industry: A Handbook for Non-lawyers

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 handy primer complements a financial institution's policies and procedures, and can be a helpful guide for lawyers who do not practice in the bankruptcy arena, but want to understand the concepts. Softbound, 176 pages.

Bankruptcy Overview: Issues, Law and Policy, Sixth Edition

Updated by Prof. Juliet Moringiello, ABI's Spring 2010 Robert M. Zinman Resident Scholar, this handbook provides an overview of the fundamental features of chapters 7, 11, 12 and 13 of the Code. It explains the nature and rights of both secured and unsecured claimants, as well as avoiding powers, executory contracts, discharges, jurisdiction and venue, bankruptcy taxation and family law. Softbound, 210 pages.

Bankruptcy in Practice, Fourth Edition

This comprehensive book, updated to include BAPCPA changes, bridges the divide between classroom theory, courtroom procedure and conference room negotiation. Doctrine and practical counsel are blended in a unique treatment of bankruptcy law and process. New and nonspecialist lawyers, and nonlawyer professionals in particular, will find the book a lifeline to demystifying the arcane rules of the bankruptcy road. Experienced counsel will also find it a refreshing read, not merely a reference to be consulted. Softbound, 512 pages.

Mini Code 2010

The 2010 edition of the Bankruptcy Code. Softbound, 256 pages.

Mini Rules 2010

The 2010 edition of the Federal Rules of Bankruptcy Procedure. Softbound, 208 pages.

Bankruptcy Litigation Manual: What Civil Litigators Need to Know

Written by Deborah Williamson, Charles Beckham Jr. and R. Scott Williams, the Manual provides the basic framework of bankruptcy litigation and is of particular use to civil litigators and other attorneys who do not have extensive experience in bankruptcy litigation. It can also serve as a quick reference tool for the more experienced bankruptcy attorney. The Manual provides a broad overview of bankruptcy; discusses the establishment of a claim in a bankruptcy case; highlights the effects of the bankruptcy petition, including retention of counsel and the automatic stay; outlines the jurisdiction of the bankruptcy court; explores procedural considerations such as removal, remand and abstention; addresses discharge and dischargeability of debts; and highlights issues related to settlements. Recognizing the lack of uniformity in the courts and the concurrent jurisdiction that exists in many areas of the state and bankruptcy courts, this Manual is heavily annotated. Softbound, 100 pages.

ABI's Quick Evidence Handbook

ABI's Quick Evidence Handbook is a practical and highly accessible primer on the mechanics of admitting (or excluding) evidence in bankruptcy cases. Written by Evan Slavitt (AVX Corp.), an experienced litigator and past lecturer at ABI's Litigation Skills Symposium, the new book is especially valuable for new and young practitioners because it spells out what counsel needs to say to get documents admitted, experts qualified and witness testimony into the record. The text covers an overview of the types of evidence (direct, cross-examination, documents, experts and motions in limine) with illustrations on how to get documents and testimony into the record. Also treated are the basics of the hearsay rules that most frequently occur in bankruptcy litigation. An appendix provides a wealth of other practical resources. Softbound, 118 pages.

The 2010 Bankruptcy Yearbook & Almanac

Since 1991, bankruptcy professionals everywhere have relied on The Bankruptcy Yearbook & Almanac as an encyclopedic source of bankruptcy statistics and insight. The Yearbook provides more than 750 pages of facts, figures, graphs, research and commentary covering all aspects of bankruptcy and is geared toward bankruptcy and marketing professionals seeking a thumbnail guide to the corporate bankruptcy industry. Yearbook data and information is used by bankruptcy professionals to advise clients, prepare reports and speeches, write briefs and motions, develop new business, establish compensation and much more. Softbound, 750+ pages.

The 2010 Bankruptcy Yearbook & Almanac (pdf)

The 2010 Bankruptcy Yearbook & Almanac Book and PDF Bundle

ABI Guide to Bankruptcy Mediation

This book explains why, when and how mediation can be used in bankruptcy cases, and can be used as a comprehensive and accessible client handout. For attorneys, it provides "how to" guidance with respect to the most common kinds of mediation issues that arise in bankruptcy cases. Suggested procedures adapted to the particular requirements of bankruptcy cases, as well as convenient checklists and cross-references to other bankruptcy-related mediation resources, are also included. Softbound, 54 pages.

ABI's Bankruptcy Appeals Manual: Winning Your Bankruptcy Appeal

Thousands of appeals are filed each year in bankruptcy cases across the country, yet the subject of bankruptcy appeals as a whole has been infrequently discussed or written about. ABI's Bankruptcy Appeals Manual: Winning Your Bankruptcy Appeal provides a complete desktop manual for practitioners faced with an appeal in a bankruptcy case. It includes a discussion of all of the "must know" issues relevant to an appeal - including choosing the proper forum, standing, timing, standards for review and stays pending appeal - and also provides guidance on drafting appellate pleadings and presenting an effective appellate argument. Additionally, the Manual includes the Federal Rules of Appellate Procedure, the Rules found in Part VIII of the Federal Rules of Bankruptcy Procedure, and pertinent provisions from the Bankruptcy Code and other pertinent federal statutes. ABI's Bankruptcy Appeals Manual provides comprehensive coverage of all of the references and practical guidance that a practitioner - whether a novice or seasoned veteran - will need to successfully prosecute, or defend against, a bankruptcy appeal. Softbound, 278 pages.

Bankruptcy Issues for State Trial Court Judges, Third Edition

This primer on the relationship of bankruptcy and state law was developed through a grant from the National Conference of Bankruptcy Judges specifically for an ABI educational program to help state trial court judges resolve the conflicts that arise between bankruptcy law and domestic relations, criminal restitution, jurisdiction and many other issues. This resource covers the 2005 amendments to the Code, including concepts such as property of the estate, claims, bankruptcy stays and injunctions, dischargeability, domestic-relations law, criminal proceedings and the structure of the bankruptcy court system. Softbound, 120 pages.

Taking Charge of your Finances DVD

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 Chapter 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.