¨

1.

Is your client a creditor? Does your client have a claim against the debtor?

See Code § 101(10) and (5) for defi­nitions of “creditor” and “claim.”

¨

2.

What type of claim does the credi­tor have (secured/unsecured/administrative)?

See section 35.21 in this chapter for a discussion of the types of claims.

¨

3.

Does your client have a priority claim?

See Code § 507(a) for a list of prior­ity claims. See Code §§ 726, 1129(a)(9), and 1322(a)(2) for treat­ment of priority claims.

¨

4.

Was the creditor’s claim against the debtor incurred during the bankruptcy? 

See Code §§ 507(a)(1) and 503.

¨

5.

Did the creditor deliver goods to the debtor?

See Code § 546(c).

¨

6.

Is the claim for prepetition wages or commissions earned by the cred­itor within 180 days of bank­ruptcy?

See Code § 507(a)(4) for wage claim amount limitations.

¨

7.

Is the claim arising from the deposit, before bankruptcy, of money in connection with the pur­chase, lease, or rental of property or the purchase of services for per­sonal, family, or household use that were not delivered or provided?

See Code § 507(a)(7).

¨

8.

Is there a claim for debts to a spouse, former spouse, or child of the debtor for domestic support obligations?

See Code § 507(a)(1).

¨

9.

Does your client have a secured claim, consensual lien, or judicial lien or hold a security interest?

See Code § 101(36), (37), and (51) for definitions of “judicial lien,” “lien,” and “security interest.” See Code § 506(a) for the mechanics of determining the value of a secured claim.

¨

10.

Does your client hold a trade claim against the debtor?

See Code § 363(b) if your client con­tinues to do business with the debtor during the bankruptcy.

¨

11.

Has the debtor committed a per­sonal injury, fraud, or intentional tort?

See Code § 523(a)(2), (4), (6), and (9) for dischargeability exemptions for an individual in a Chapter 7 case; see also Code § 523(c). File a dis­chargeability complaint within sixty days of the first date set for the credi­tor’s meeting. See Rule 4004(a).

¨

12.

Is your client a financier of the debtor?

See Code §§ 363(b), (c), and 364 for possible effects to a secured position. See Code § 552 for the applicability of a prepetition security interest on postpetition events.

¨

13.

Is your client the single asset real estate mortgage holder?

See Code § 101(51B) for a definition and Code § 362(d)(3) for the applica­bility of the automatic stay.

¨

14.

Is your client in a landlord-tenant relationship with the debtor?

See Code § 365. See also section 35.25 in this chapter for a discussion on executory contracts and unexpired leases.

¨

15.

Is your client continuing a business relationship with the debtor?

See Code § 365. See also section 35.25 in this chapter for a discussion on executory contracts and unexpired leases.

¨

16.

Is your client subject to a subordi­nation agreement with the debtor? Is your client a target of equitable subordination under state law?

See Code § 510.

¨

17.

Is your client related to the debtor?

See Code § 101(31) for a definition of “insider.”

¨

18.

Is your client a spouse or family member of the debtor?

See Code § 1301 regarding the codebtor stay in Chapter 13 and Code §§ 362(b)(2), 507(a)(7), and 523(a)(15) for treatment of domestic support obligations.

¨

19.

Request documentation of the claim from your client for attach­ment to the proof of claim.

See Rule 3001(c), (d), and (e).

¨

20.

Retrieve PACER docket sheet on the case. Is there a claims bar date?

If so, prepare and file the claim and serve the claim on the court and debtor’s attorney. See Rules 3001-3005.

¨

21.

Has the claim’s bar date passed, but your client failed to get a notice of the bankruptcy?

File a motion to extend the claim’s bar date. See Code §§ 502(b)(9) and 726(a)(1).

¨

22.

Retrieve the local rules for the spe­cific court and judge.

See section 35.1:2 in this chapter for a list of the courts’ Web sites where local rules can be found.

¨

23.

Review the court’s Web site for updated information.

See section 35.1:2 in this chapter for a list of the courts’ Web sites.

¨

24.

Has the debtor failed to cooperate with your client prior to bank­ruptcy?

If so, attend the creditors’ meeting and examine the debtor under oath. Consult the PACER docket sheet for the time and place of the meeting. See Code §§ 341 and 343; see also Rules 2002 and 2003.

¨

25.

Is your client currently taking legal action against the debtor?

The automatic stay prevents com­mencement or continuation of most actions against the debtor. See Code § 362(a) and (b). See section 35.13 in this chapter for a discussion of exceptions to the automatic stay.

¨

26.

If your client is prevented from taking action by the automatic stay, does the stay need to be lifted to allow your client to act?

See Code § 362(d). See form 35-10.

¨

27.

Is your client a secured creditor of the debtor?

If so, answer numbers 27 through 29. If not, proceed to number 30.

¨

28.

Does the debtor have any equity in your client’s collateral?

See Code § 362(d)(2).

¨

29.

Does your client lack adequate pro­tection of his collateral?

See Code § 361 for an explanation of adequate protection; see Code § 362(d)(1) for an explanation of lift­ing the automatic stay. See also sec­tion 35.15 in this chapter for a discussion of adequate protection.

¨

30.

Is your client the secured creditor of real property? Is the real prop­erty collateral the only substantial asset of the debtor?

See Code § 362(d)(3).

¨

31.

Has the court lifted the automatic stay as to a specific piece of prop­erty or as to a creditor?

Check the PACER sheet for applica­ble orders.

¨

32.

If the debtor is an individual filing under Chapter 7, has he received his discharge?

See Code § 362(c)(2)(C) (terminat­ing the automatic stay) and § 524 (permanent discharge injunction).

¨

33.

If the debtor is an individual filing under Chapter 13, does your client have a postpetition claim against the debtor? Has confirmation of the Chapter 13 plan occurred?

See Code §§ 362(c)(1) and 1327(b) (terminating the stay).

¨

34.

If the debtor is filing under Chap­ter 11, does your client have a post­confirmation claim against the debtor?

If so, the automatic stay may no lon­ger apply; see Code §§ 362(c)(1) and 1141(b).

¨

35.

Has the debtor’s bankruptcy been dismissed?

See Code §§ 362(c)(2)(B) and 349.

¨

36.

Has the debtor’s bankruptcy been converted to a case under another chapter in the Bankruptcy Code?

See Code § 348.

¨

37.

Has the debtor’s bankruptcy been closed by the court?

See Code § 350.

¨

38.

Does your client have an interest in the debtor’s cash collateral?

See Code § 363 (adequate protection of cash collateral); see also Code § 363(a) (definition of “cash collat­eral”).

¨

39.

Is the debtor trying to use cash col­lateral in which your client has an interest?

See Code § 363(b) and (c) (creditor’s remedies).

¨

40.

Is the debtor seeking postpetition credit from your client?

See Code § 364(a) (postpetition unsecured credit in the ordinary course of business) and § 364(b) (postpetition credit outside the ordi­nary course of business).

¨

41.

Is the client in a continuing con­tractual relationship with the debtor?

See Code § 365 (executory con­tracts).

¨

42.

Has the debtor assumed or rejected the client’s executory contract or unexpired lease?

See Code § 365(a) and Rule 6006.

¨

43.

Has the deadline passed for the debtor to assume or reject your cli­ent’s executory contract or unex­pired lease?

See Code § 365(d) for applicable deadlines. See section 35.62 in this chapter.

¨

44.

Is there a default in your client’s executory contract or unexpired lease?

See Code § 365(b) (curing default); see also section 35.63 in this chapter.

¨

45.

Is your client a landlord of a shop­ping center in which the debtor is a tenant?

See Code § 365(b)(3).

¨

46.

Is your client’s claim the result of the debtor’s false representation or fraud?

See Code § 523(a)(2).

¨

47.

Is your client the victim of the debtor’s fraud or defalcation while acting in a fiduciary capacity, embezzlement, or larceny?

See Code § 523(a)(4).

¨

48.

Does your client’s claim arise out of the debtor’s willful and mali­cious injury to another entity or the property of another entity?

See Code § 523(a)(6).

¨

49.

Does your client’s claim arise out of a death or personal injury caused by the debtor’s illegal oper­ation of a motor vehicle while intoxicated or under the influence of drugs?

See Code § 523(a)(9).

¨

50.

Does your client have a claim for a fee or assessment due and payable to the membership association for a condominium or cooperative housing corporation?

See Code § 523(a)(16).

¨

51.

Is your client subject to contrac­tual or equitable subordination of his claim?

See Code § 510.

¨

52.

If the debtor has received a dis­charge, has your client observed the discharge and permanent injunction provisions of Code § 524?

See Code § 524.

¨

53.

Is your client the debtor’s employer?

See Code § 525 (discrimination against employees on the basis of bankruptcy).

¨

54.

Does your client possess property that belongs to the debtor?

See Code §§ 541 and 542.

¨

55.

Is your client a custodian of prop­erty belonging to the debtor’s bankruptcy estate?

See Code § 101(11) (definition of “custodian”) and § 543.

¨

56.

Does your client hold an unper­fected security interest against the debtor?

See Code § 544 (an unperfected security interest is probably void­able).

¨

57.

Does your client hold a statutory lien against the debtor’s property?

See Code § 545 (a statutory lien may be voidable).

¨

58.

Did your client receive any pay­ments from the debtor within ninety days of filing for bank­ruptcy?

See Code § 547 (avoidable prefer­ences); see also part VI. in this chap­ter for a discussion of avoidance actions.

¨

59.

If the debtor or bankruptcy trustee has filed an avoidance action against your client, is the action timely?

See Code § 546(a).

¨

60.

Are there other defenses to the avoidance action that are available to your client?

See Code § 546; see also section 35.52 in this chapter for a discussion of defenses to avoidance actions.

¨

61.

Was the preferential transfer intended by the debtor and your client to be a contemporaneous exchange for new value given to the debtor?

See Code § 547(c)(1); see also sec­tion 35.52:4 in this chapter.

¨

62.

Was the preferential transfer made in payment of a debt incurred by the debtor in the ordinary course of business between the debtor and your client?

See Code § 547(c)(2); see section 35.52:2 in this chapter.

¨

63.

Did your client give new value to the debtor in exchange for the pref­erential transfer?

See Code § 547(c)(4); see also sec­tion 35.52:4 in this chapter.

¨

64.

Did the preferential transfer create a perfected security interest in inventory or a receivable or the proceeds of either?

See Code § 547(c)(5); see also sec­tion 35.52:5 in this chapter.

¨

65.

Did the preferential transfer fix a statutory lien that is not avoidable?

See Code §§ 545 and 547(c)(6); see also section 35.52:6 in this chapter.

¨

66.

Was the preferential transfer a bona fide payment of a debt for a domestic support obligation?

See Code § 547(c)(7); see also sec­tion 35.52:7 in this chapter.

¨

67.

Were the debtor’s debts primarily consumer debts? Is the aggregate of the property that constitutes or is affected by the transfer less than $600?

See Code § 547(c)(8); see also sec­tion 35.52:8 in this chapter.

¨

68.

Did your client receive a fraudu­lent transfer within one year of the bankruptcy?

See Code § 548 (fraudulent transfers within one year of filing for bank­ruptcy can be avoided); see also sec­tion 35.54 in this chapter.

¨

69.

Did your client receive fair value for the potentially fraudulent transfer?

See Code § 548(c).

¨

70.

Has your client received any trans­fers of property from the debtor postbankruptcy filing?

See Code § 549(a) (a transfer of property made after the bankruptcy filing may be avoidable).

¨

71.

Does your client hold a claim against the debtor that can be set off against the debtor’s claim against the client?

See Code § 553(a) (mutual debts may be offset).

¨

72.

Has your client offset a mutual debt with the debtor within ninety days prior to the bankruptcy fil­ing?

See Code § 553(b) (some or all of the setoff may be recoverable by the trustee or the debtor-in-possession).