Bankruptcy and Debt under the Servicemembers Civil Relief Act

The members of the U.S. armed forces make enormous sacrifi ces 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 fi lings, 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 fi ling. Softbound, 192 pages. Members: $25; Non-members: $45. #09-009

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 fi ling 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 fi lings, anticipating and addressing a debtor’s change in circumstances post-confi rmation, 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 fi ngertips to assist in their practice and to share with clients. Softbound, 272 pages. Members: $35; Non-members: $55. #09-004

Reaffi rmation 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 reaffi rm their debts. The necessity, timing and content of reaffi rmation agreements are governed by various Bankruptcy Code provisions and by applicable nonbankruptcy law,

which may vary from state to state. Reaffi rmation Agreements in Consumer Bankruptcy Cases details the relevant Code sections dealing with reaffi rmations and provides guidance for debtor, creditor and practitioner. Softbound, 128 pages. Members: $25; Non-members: $45. #09-003

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 bank-ruptcy practice. A compilation of materials that was presented during some of the sessions, the book covers such topics as get-ting the discharge, paying debtor and creditor counsel in chapter 13, credit counseling and debtor education, and post-confi rma-tion modifi cations. The book covers bankruptcy practice in the wake of BAPCPA by focusing on the recurring “thorny” issues that do not have clearly defi ned 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

American Bankruptcy Institute

CONSUMER Bookstore

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!

abiworld.org/abistore

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 fi nancial 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, reaffi rmation 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

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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 fi nd themselves in severe fi nancial 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

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 confl ict. 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