The authors of this publication have taken a practical approach to teaching the intricacies of bankruptcy. To promote reader comprehension, they employ step-by-step explanations and flow charts of each type of filing, supporting case examples, challenging problems to address, and the definition of new terms as they are introduced. To further enhance learning, the roles of the various parties involved in the process are described in detail, particularly the role of the paralegal. From fact gathering and interfacing with clients, to the preparation of various official forms, paralegals will come to understand their role and those of others in handling bankruptcy cases. The most up-to-date official bankruptcy forms with detailed explanations for completing them are contained within the publication, as are debtor and creditor client questionnaires. Book jacket.
Bankruptcy in America, in stark contrast to its status in most other countries, typically signifies not a debtor's last gasp but an opportunity to catch one's breath and recoup. Why has the nation's legal system evolved to allow both corporate and individual debtors greater control over their fate than imaginable elsewhere? Masterfully probing the political dynamics behind this question, David Skeel here provides the first complete account of the remarkable journey American bankruptcy law has taken from its beginnings in 1800, when Congress lifted the country's first bankruptcy code right out of English law, to the present day. Skeel shows that the confluence of three forces that emerged over many years--an organized creditor lobby, pro-debtor ideological currents, and an increasingly powerful bankruptcy bar--explains the distinctive contours of American bankruptcy law. Their interplay, he argues in clear, inviting prose, has seen efforts to legislate bankruptcy become a compelling battle royale between bankers and lawyers--one in which the bankers recently seem to have gained the upper hand. Skeel demonstrates, for example, that a fiercely divided bankruptcy commission and the 1994 Republican takeover of Congress have yielded the recent, ideologically charged battles over consumer bankruptcy. The uniqueness of American bankruptcy has often been noted, but it has never been explained. As different as twenty-first century America is from the horse-and-buggy era origins of our bankruptcy laws, Skeel shows that the same political factors continue to shape our unique response to financial distress.
"[This book provides an] analysis and discussion of every aspect of bankruptcy law, including an overview of bankruptcy; invoking bankruptcy relief (with a very detailed explanation of the means test); the automatic stay; jurisdiction and procedure; property of the estate; trustee's avoiding powers; payment of claims; executory contracts and unexpired leases; exemptions; discharge; reorganization under Chapter 11; debt adjustments under Chapter 13; debt adjustments under Chapter 12; and cross-border cases under chapter 15. The 2005 BAPCPA amendments and the extensive case law thereunder are explained and critiqued. All relevant Supreme Court cases through the 2015 Term are discussed in depth, including, for example, Stern, Wellness, Arkison, Caulkett, Schwab, Ransom, Lanning, Baker Botts, and many more."--
The Bankruptcy Handbook provides a clear and concise overview of the legal and financial processes, and of the implications for people facing bankruptcy. It provides practical assistance to all working in the insolvency field, in rural as well as urban areas. It includes: case studies for different bankruptcy scenarios; an overview of the relationship between bankruptcy and family law; discussion of taxation and superannuation; an Australia-wide contact list; information about the sequestration order and key bankruptcy processes; practical resources such as a guide to filling out the ITSA Statement of Affairs, which is reproduced in full; the pros and cons of alternatives to bankruptcy such as debt agreements and personal insolvency agreements; web addresses for various resources, including ITSA forms; and a glossary.The book's plain, accessible language and its recognition of the importance of emotional issues mean that it will also be helpful to many debtors having to consider the option of bankruptcy. The authors are three of Australia's most experienced practitioners: Dr Betty Weule, doyenne of Australian financial counsellors, Dr Wayne Warburton, psychologist, of the National Financial Counsellors Resource Service, and Richard Brading, Principal Solicitor of the Wesley Community Legal Service.
In this Research Handbook, today’s leading experts on the law and economics of corporate bankruptcy address fundamental issues such as the efficiency of bankruptcy, the role and treatment of creditors – particularly secured creditors – in the bankruptcy process, the allocation of going-concern surplus among claimants, the desirability of liquidation in the absence of such surplus, the role of contract in bankruptcy resolution, the role of derivatives in the bankruptcy process, the costs of the bankruptcy system, and the special case of financial institutions, among other topics.
The Bankruptcy Law Picture Book: A Brief Intro to the Law of Bankruptcy, in Pictures is an illustrated guide that features helpful visual aids and diagrams explaining bankruptcy law.
Recommended with confidence by law professors across the country, BANKRUPTCY AND DEBTOR/CREDITOR: Examples & Explanations enters its Second Edition helping students Understand The many rules, principles, and policies of bankruptcy and debtor/creditor law. Author Brian Blum draws on his own teaching experiences to respond to student needs. Adhering to a proven-effective format, he begins with basic concepts, then gradually introduces more advanced issues. Demystifying debtor/credit law and facilitating comprehension, The book promotes effective study through: exceptionally clear writing organization that tracks the leading casebooks problems and answers that allow students to test their understanding BANKRUPTCY AND DEBTOR/CREDITOR: Examples & Explanations, Second Edition, now incorporates: updated text and new examples that reflect changes in the Bankruptcy Code the latest developments in debt adjustment and reorganization, support obligation in bankruptcy, and bankruptcy discharge new material on jury trials reorganized problems and answers - answers no longer immediately follow the problems more streamlined material with a sharper, tighter focus on the essential topics
To view or access the 2019 supplement, click here. Bankruptcy Law: Principles, Policies, and Practice puts bankruptcy law in context, illuminating the evolution of the Bankruptcy Code with an exploration of current and historical non-bankruptcy remedies. The book continually approaches each topic through the goals of creditors and debtors, exploring how each is served in various parts of the Code. Extensive questions and numerous problems focus student attention on the mechanics of the bankruptcy process. But they do so through the lens of history and policy, and they explain why the law is the way it is. The authors' aim in designing the casebook was to provide a very accessible medium for introducing students to bankruptcy law in a sophisticated manner. As the title indicates, the emphasis is on the relationship between the core principles essential to an understanding of the law, the policies animating those principles, and the challenges presented by the effectuation of those principles and policies in bankruptcy practice. In its methodology, Bankruptcy Law: Principles, Policies, and Practice relies on a variety of expository tools--textual discussion, comprehension questions, problems, cases and thought / discussion questions--all with a careful eye toward building upon previous materials and concepts. Economy of presentation is the hallmark of the casebook, but the Teacher's Manual picks up where the casebook leaves off. The Teacher's Manual is consciously drafted (in both organization and voice) as a set of detailed teaching notes. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book. PowerPoint slides are available upon adoption of this book. Download sample slides from the full 38-chapter presentation here. If you have adopted the book for a course, contact [email protected] to request the PowerPoint slides.
