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Lecture Notes: Bankruptcy Administration |
The power of the trustee: How does the trustee gather the assets of the estate in bankruptcy.
Creditors' claims: How do creditors and other parties assert their rights in the administration.
Orders: How does the court resolve contested matters and adversary proceedings.
Discharge, distribution and closing: How does the case come to an end.
Court Orders after the initial order for relief on filing the petition:
DISTINGUISH: CONTESTED MATTERS AND ADVERSARY PROCEDINGS. (Adversary proceedings go by complaint; contested matters are by motion.)
Debtors Motions:
Motion to convert a case from one chapter to another, as, a chapter 13 to a chapter 7.Motion to dismiss.Motion for change of venue.Motion to enforce the automatic stay.
Parties' motions:
Motion for relief from automatic stay.Motion to dismiss,Motion for court abstention.Motion for change of venue,Motion for disallowance of claim (Of some other creditor)Motion for examination.
Motion to dismiss: failure to file schedules. Consumer debts and substantial abuse.
Court - own motion to dismiss:
Complaints by Creditor:
Complaint objecting to discharge, or objecting to the dischargeability of a debt.. Standard of proof is "preponderance of evidence" rather than "clear and convincing." INCLUDING NONDISCHARGEABILITY FOR FRAUD. Objection by party in interest to claim of exemption: