United States Code

United States Code

Author: United States

Publisher:

Published: 2013

Total Pages: 1146

ISBN-13:

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"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.


Reorganizations Under Chapter 11 of the Bankruptcy Code

Reorganizations Under Chapter 11 of the Bankruptcy Code

Author: Richard F. Broude

Publisher: Law Journal Press

Published: 2024-06-28

Total Pages: 1314

ISBN-13: 9781588520340

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Reorganizations Under Chapter 11 of the Bankruptcy Code is the most complete and up-to-date one-volume treatment of this important business-planning tool. It contains a thorough discussion of Chapter 11 law and practice, including significant changes in: exclusivity; key employee retention plans; pre-petition severance pay; the debtor's ability to retain turnaround specialists; conversion and dismissal of cases; the obligation of creditors' committees to share information with members of the constituencies; and the way in which small business and single-asset real estate cases are conducted. This authoritative volume also brings you legal analysis and practical guidance on such subjects as: bankruptcy court jurisdiction; voluntary and involuntary petitions; creditors' committees; managing and operating the debtor and its business, including obtaining post-petition financing; treatment of secured creditors; dealing with executory contracts and unexpired leases; filing and allowance of proofs of claims and interests; the content, modification and confirmation of plans of reorganization, including a discussion of how claims may be classified; the effect of plan confirmation; and post-confirmation appeals and plan consummation. Reorganizations Under Chapter 11 of the Bankruptcy Code will keep you current on the latest statutory and regulatory developments while briefing you on the often conflicting decisions handed down by the courts


Debt's Dominion

Debt's Dominion

Author: David A. Skeel Jr.

Publisher: Princeton University Press

Published: 2014-04-24

Total Pages: 296

ISBN-13: 1400828503

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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.


United States Bankruptcy Code & Rules Booklet

United States Bankruptcy Code & Rules Booklet

Author:

Publisher:

Published: 2021

Total Pages: 471

ISBN-13: 9781934852422

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Published on December 1, 2020, the 2021 United States Bankruptcy Code & Rules Booklet contains the federal court rules (as amended effective December 1, 2020) and U.S. Code sections (current through Public Law No. 116-193) essential to U.S. bankruptcy law practice. For students, this publication can be used with all Bankruptcy Law casebooks. Updates in this edition include the recent changes to Title 11 created by the CARES Act, Public Law 116-136; the amendments to Rules 2002, 2004, 8012, 8013, 8015, and 8021 of the Federal Rules of Bankruptcy Procedure, effective December 1, 2020; and changes to adopted Rule 30 of the Federal Rules of Civil Procedure, effective December 1, 2020.


An Introduction to Bankruptcy Law

An Introduction to Bankruptcy Law

Author: Martin A. Frey

Publisher:

Published: 1990

Total Pages: 654

ISBN-13:

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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.


Collier Family Law and the Bankruptcy Code

Collier Family Law and the Bankruptcy Code

Author: Henry J. Sommer

Publisher: LexisNexis

Published: 2023-06-02

Total Pages: 1363

ISBN-13: 1579112358

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For both the general practitioner and the matrimonial specialist, Collier Family Law and the Bankruptcy Code is a comprehensive, practice-oriented guide examining the impact of the Bankruptcy Code on family law issues. Authored by Henry J. Sommer, co-Editor-in-Chief of Collier on Bankruptcy, the preeminent treatise on bankruptcy law, and Hon. Margaret Dee McGarity, a United States Bankruptcy Judge for the Eastern District of Wisconsin. Coverage includes: • Overview of the bankruptcy process • Overlap of bankruptcy court jurisdiction and state family court jurisdiction • Determining the debtor's interest in marital property • Special issues involving community property • Effects of Chapter 13 on current alimony and support obligations and on modification and enforcement of support obligations • Effect of the automatic stay on on-going family court actions First published in 1991.


The Portable Bankruptcy Code and Rules

The Portable Bankruptcy Code and Rules

Author: Sally McDonald Henry

Publisher: American Bar Association

Published: 2007

Total Pages: 532

ISBN-13: 9781590318140

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Written by industry expert Sally Henry, Portable Bankruptcy Code & Rules, 2007 Edition updates provisions effective through December 2006. This handy pocket reference features page tabs and a complete keyword index to direct readers straight to relevant material. This classic reference is a must-have for all bankruptcy practitioners.