Bankruptcy in Iowa

The purpose of the book is to provide practicing attorneys a ready access to the basic procedure, forms, and Iowa and Eighth Circuit opinions in major areas of bankruptcy law. The book attempts to paint, especially for Iowa practitioners, a broad statement of the law, the procedure, and the forms. The book's practical working premise presents those areas of bankruptcy law that are likely to be faced most frequently by Iowa practitioners.

The book's appendix contains relevant federal statutes, federal rules of bankruptcy procedure and Iowa code sections. It also contains administrative orders for both the Northern District and Southern District of Iowa.

Eric W. Lam is a partner with Moyer and Bergman in Cedar Rapids, Iowa. He received his legal education at the College of Law, University of Iowa, where he was the Managing Editor of the Iowa Law Review. Upon graduation he became the law clerk to the Honorable W. Ward Reynoldson, then Chief Justice of the Iowa Supreme Court. In 1983 he became the law clerk to the Honorable William W. Thinnes, United States Bankruptcy Judge for the Northern District of Iowa.

Mr. Lam has been a speaker on bankruptcy matters for a number of seminars and conferences. He is a member of the American Bankruptcy Institute where he won first prize in writing competition. He also received the Certificate of Merit, Writing Competition, National Association of Insolvency Practitioners in Vancouver, British Columbia, Canada. He has been a prolific author, having published bankruptcy articles in various law journals throughout the United States.

1.1 -- Brief History of Bankruptcy Law
1.2 -- The Bankruptcy Reform Act of 1978 ("The Bankruptcy Code")
1.3 -- Impact of Northern Pipeline Construction Co. v. Marathon Pipe Line Co.
1.4 -- The Bankruptcy Amendments And Federal Judgeship Act (BAFJA)
1.5 -- General Reference Order of the United States District Court
1.6 -- Northern District Court Locations, Divisions, and Clerk's Offices
1.7 -- Southern District Court Location, Division, and Clerk's Office
1.8 -- Availability of Opinions & Decisions and the National Reporting System
1.9 -- Right to Jury Trials in Bankruptcy Proceedings
1.10 - Federal Rules of Bankruptcy Procedure and Official Forms
1.11 - Northern District Local Rules
1.12 - Southern District Local Rules
1.13 - Appeals

Chapter 2 - PRE-FILING CONSIDERATIONS

2.1 -- General Considerations and Eligibility
2.2 -- Impact on Credit Ratings, Governmental Privileges, and Employment
2.3 -- Stigma of Bankruptcy
2.4 -- Automatic Stay
2.5 -- Lien Avoidance
2.6 -- Joint Petition
2.7 -- Publication of Bankruptcy Filing
2.8 -- Discharge Availability
2.9 -- Dischargeability
2.10 - Exemption Planning
2.11 - Some Tax Considerations
2.12 - Venue for Bankruptcy Case and Related Proceedings
2.13 - Change of Venue
2.14 - Case Originally Filed in Proper Venue
2.15 - Case Commenced in Improper Venue
2.16 - Conflicts Check and Attorney Retention
2.17 - Engagement Letters
2.18 - Involuntary Petition
2.19 - General Considerations
2.20 - Filing Requirements

Chapter 3 - CHAPTER SEVEN LIQUIDATION

3.1 -- Eligibility Requirements
3.2 -- Petition and Related Initiatory Papers
3.3 -- Northern District - Individual
3.4 -- Northern District - Corporation
3.5 -- Southern District - Individual
3.6 -- Southern District - Corporation
3.7 -- Exemptions
3.8 -- Federal exemptions
3.9 -- State personal property exemptions
3.10 - Wearing Apparel
3.11 - Gun
3.12 - Books
3.13 - Burial plot
3.14 - Household items
3.15 - Life insurance
3.16 - Health aids
3.17 - Pension Benefits
3.18 - Miscellaneous
3.19 - Non-farm tools of the trade
3.20 - Farm tools of the trade and livestock
3.21 - Farm earnings
3.22 - Wild card
3.23 - Other Iowa Exemptions
3.24 - Iowa Public Employees' Retirement System (IPERS)
3.25 - Wages
3.26 - Real Property Exemptions
3.27 - Objection to Exemptions
3.28 - Time Deadlines
3.29 - Burden of Proof
3.30 - Meeting of Creditors
3.31 - Questions for the Meeting of Creditors
3.32 - Reaffirmation
3.33 - Redemption
3.34 - Lien Avoidance
3.35 - Judicial Lien
3.36 - Non-Possessory, Non-Purchase Money Security Interest
3.37 - Novation
3.38 - Timeliness
3.39 - Re-litigation of Exemption Issue
3.40 - Lien Avoidance on Over-Encumbered Property
3.41 - Preferential Transfers
3.42 - Background and Policy
3.43 - 11 U.S.C. § 547
3.44 - DePrizio Preference Rule
3.45 - Defenses or Exceptions to Preference
3.46 - The Ear-Marking Doctrine
3.47 - Standing to Recover Preference
3.48 - Fraudulent Transfers
3.49 - Lien Retention
3.50 - Jury Trials
3.51 - Motions to Lift Stay
3.52 - Example of Motion to Lift Stay for Northern District of Iowa
3.53 - Example of Motion for the Southern District of Iowa
3.54 - Filing Fee in Both Districts
3.55 - Substantial Abuse
3.56 - Discharge and Objections to Discharge
3.57 - General Considerations
3.58 - Procedure
3.59 - Dischargeability
3.60 - Res Judicata Effect
3.61 - Dissolution Decree
3.62 - Recent Amendments
3.63 - Student Loans
3.64 - Drunk Driving Debts
3.65 - Attorneys' Fees
3.66 - Abandonments
3.67 - General Considerations
3.68 - Tax Consequences
3.69 - Real Estate Transactions
3.70 - Claims Determination
3.71 - Filing Proofs of Claim
3.72 - Trustee Final Accounting and Distribution Scheme

Chapter 4 - CHAPTER THIRTEEN BANKRUPTCIES

4.1 -- Introduction
4.2 -- Eligibility
4.3 -- Individual
4.4 -- Regular Income
4.5 -- $100,000 Unsecured and $350,000 Secured Debt Ceiling
4.6 -- Noncontingent Liquidated Debts
4.7 -- Petition Form and Filing Procedure
4.8 -- Northern District
4.9 -- Southern District
4.10 - Role of Chapter 13 Trustee
4.11 - Plan Drafting Considerations
4.12 - Priority Tax Claims
4.13 - Allocation of Tax Payments
4.14 - Dividend to Unsecured Claimholder
4.15 - Future Income
4.16 - Discriminatory Treatment and Plan Classification
4.17 - Base Plan
4.18 - Plan Term
4.19 - Treatment of Secured Claims
4.20 - Disposable Income
4.21 - Example of Plan (Base Plan)
4.22 - Lien Avoidance
4.23 - Super Discharge

Chapter 5 - CHAPTER ELEVEN REORGANIZATION

5.1 -- Eligibility
5.2 -- Petition Filing Requirements
5.3 -- Northern District - Individual
5.4 -- Northern District - Corporation
5.5 -- Southern District - Individual
5.6 -- Southern District - Corporation
5.7 -- Involuntary Petition
5.8 -- Press Release and Letter to Creditors
5.9 -- Professional Employment
5.10 - Public Access to Papers
5.11 - Motions to Accompany Initiatory Petition
5.12 - Cash Collateral
5.13 - Motion to Incur Secured Debt
5.14 - Motion to Pay Essential Pre-Petition Creditors
5.15 - Utility Deposits
5.16 - Motion to Lift Stay
5.17 - Exclusivity
5.18 - Reduction or extension for cause
5.19 - Extension Requests (The "One Bite" Rule)
5.20 - Disclosure Statement
5.21 - Necessity for Disclosure Statement
5.22 - Creditor's Disclosure Statement — Access to Information
5.23 - Type and Category of Information
5.24 - Claim Determination
5.25 - The Plan
5.26 - Creditor's Liquidating Plans
5.27 - Advantages & Purposes
5.28 - Disadvantages
5.29 - Problems and Proposed Solutions
5.30 - The Debtor's Plan
5.31 - Cram-Down and Absolute Priority Rule
5.32 - § 1111(b) Election
5.33 - How it Works
5.34 - Procedure
5.35 - Class Acceptance and Impairment
5.36 - Post-Confirmation Debt Instruments and Other Misc. Considerations

Chapter 6 - CHAPTER TWELVE FARM BANKRUPTCIES

6.1 -- Introduction and General Background
6.2 -- Eligibility
6.3 -- Corporations and Partnerships
6.4 -- Individuals
6.5 -- Filing Requirements
6.6 -- Northern District
6.7 -- Southern District
6.8 -- Adequate Protection
6.9 -- Chapter 12 Plan
6.10 - Trustee Fee

APPENDIX A -	RELEVANT FEDERAL STATUTES
APPENDIX B -	RELEVANT FEDERAL RULES OF BANKRUPTCY PROCEDURE
APPENDIX C -	RELEVANT IOWA CODE SECTIONS
APPENDIX D -	NORTHERN DISTRICT ADMINISTRATIVE ORDERS
APPENDIX E -	SOUTHERN DISTRICT ADMINISTRATIVE ORDERS
BIBLIOGRAPHY
INDEX