Handling Individual Chapter 11 Cases (REPLAY)
The faltering economy, rising joblessness and an increasingly restrictive credit environment are causing sharp increases in filings for individual bankruptcy. This cyclical upturn in bankruptcy practice is bringing renewed attention to new Chapter 13 bankruptcy, created by the 2005 BAPCPA legislation, and its complex relationship with Chapter 11 filings for individuals. In many instances, individual Chapter 13 filings have advantages over Chapter 11 filings, but Chapter 13 is available to only a limited universe of debtors. This program will discuss the relationship between Chapter 11 and Chapter 13 filings for individuals, examine what Chapter 11 practitioners need to know about Chapter 13, provide a detailed discussion of the advantages of each over the other, and discuss planning techniques for using Chapter 11 to achieve some of the advantages of Chapter 13.
- Relationship of individual Chapter 11 and Chapter 13 filings
- What Chapter 11 practitioners need to know about Chapter 13
- Advantages/disadvantages of each Chapter 13 and Chapter 11
- Individual eligibility for Chapter 13 filings
- Techniques to use Chapter 11 to obtain some advantages of Chapter 13
William L. Norton is a partner in the Nashville office of Bradley Arent Boult Cummings, LLP, where he focuses his practice in the business bankruptcy area, dealing in all aspects of bankruptcy cases, creditor rights and insolvency. He is the Managing Editor of Norton Bankruptcy Law and Practice 2d (Thomson West), a premier 12 volume treatise and is the co-author of Norton Creditors' Rights Handbook (Thomson West). He is a Fellow of American College of Bankruptcy and is adjunct professor at Vanderbilt Law School. Mr. Norton is past-President and Board Member of the American Board of Certification, which certifies attorneys who specialize in the areas of creditor rights and bankruptcy law and is a leader in the Business Bankruptcy Committee of the Business Section of the ABA. Mr. Norton received his B.A. and his J.D. form Vanderbilt University.
