Strategies for Creditors in Bankruptcy Proceedings

Strategies for Creditors in Bankruptcy Proceedings

Author: Lynn M. LoPucki

Publisher: Aspen Publishers

Published: 1997

Total Pages: 1072

ISBN-13:

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This invaluable storehouse of tactical guidance has earned unanimous praise for its practical, expert advice on securing your client's rights and achieving the best possible outcome from the bankruptcy process. Attorneys who are faced with perplexing developments in a case or are trying to plan ahead and anticipate new developments in a case -- can turn with confidence to Strategies for Creditors in Bankruptcy Proceedings to find all the possible solutions to their clients' problems. Some of the interesting strategies address: Selling the company in an LBO? Structure the transaction to insulate it from preference avoidance. -- Licensing intellectual property from a company? Structure the license to take advantage of special protections in the Bankruptcy Code. -- Considering a loan to a financially troubled company? Better dust off your DePrizio waivers. -- Mortgagees, take a close look at your security agreement you may be secured by more than just the debtor's personal residence, and that's not what you want in a chapter 13. -- Secured lenders, eliminate the possibility of a later 506(c) claim by settling early with the trustee. -- 203 North Lasalle prohibited exclusive deals to shareholders -- but new ways of avoiding it are being found. Here's how to oppose them. -- Watch for shareholder releases in the plan. If you don't object, you may be out of luck -- but the right objection can save your cause of action.


Creditors' Rights, Debtors' Protection, and Bankruptcy

Creditors' Rights, Debtors' Protection, and Bankruptcy

Author: Lawrence P. King

Publisher: McGraw-Hill/Irwin

Published: 1989

Total Pages: 1222

ISBN-13: 9780256148237

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This problem-oriented casebook primarily has a statutory emphasis. Students are challenged to read & interpret the cases in conjunction with the statutes, thereby allowing them to understand & appreciate trends in the law. The first half of the book is devoted to non-bankruptcy remedies & the relationship between debtors & creditors. Bankruptcy materials are presented in the second half. Teacher's Manual available.


Creditors' Rights in Chapter 11 Cases

Creditors' Rights in Chapter 11 Cases

Author: Aspatore Books

Publisher: Thomson West

Published: 2009-03-01

Total Pages: 383

ISBN-13: 9780314205292

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Creditors Rights in Chapter 11 Cases is an authoritative, insiders perspective on key strategies for evaluating and exercising creditors rights during the reorganization process. Featuring partners from some of the nations leading law firms, these experts identify the different types of creditors and the rights granted to each type under bankruptcy law. These top lawyers reveal their advice on recognizing signs that a debtor is financially troubled, asking the appropriate questions during a preliminary client meeting with a creditor, filing the necessary documentation to establish creditors rights, and understanding the role of the unsecured creditors committee. From identifying the size and type of a bankruptcy claim to determining its language and lifecycle, these authors explain important factors to keep in mind when analyzing creditors rights. Additionally, these leaders discuss the current bankruptcy climate and the impact of recent developments in Chapter 11 cases. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around their keys to success when representing and advising creditors in Chapter 11 proceedings.


Debtors' and Creditors' Rights

Debtors' and Creditors' Rights

Author: Arnold B. Cohen

Publisher: Lexis Law Publishing (Va)

Published: 1984

Total Pages: 396

ISBN-13:

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This treatise focuses on developments in pre-judgement and post-judgement debtor-creditor law, along with issues under the Bankruptcy Code. The increasing consumer Chapter 7 and Chapter 13 bankruptcy filings are discussed in the work.


Debtors and Creditors in America

Debtors and Creditors in America

Author: Peter J. Coleman

Publisher: Beard Books

Published: 1999

Total Pages: 322

ISBN-13: 189312214X

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Americans now depend more heavily upon credit than any other society on Earth, or any other time in history. Borrowing has become a way of life for millions of families, and it is hard to imagine a time when charge accounts did not exist. Nonetheless, it would be a mistake to assume that, because a wallet filled with plastic instead of cash is a relatively new phenomenon, Americans have not been borrowers and lenders since the colonization of the New World. Author Peter J. Coleman proves otherwise. In one Form or another -- notes of hand, book credit, commercial paper, mortgages, land contracts -- settlers borrowed to pay their passage from Europe, to buy and clear land, to build and operate mills, to purchase slaves, and to gamble and drink. Debtors' prison awaited those who could not pay their debts, and a pauper's grave received the unfortunate who lacked the private means to feed and clothe himself in prison. While the debtors' prisons described in this book no longer exist, the author maintains that our credit-oriented society has yet to devise cheap, efficient, equitable, and humane methods of enforcing contracts for debt.


Problems and Materials on Debtor and Creditor Law

Problems and Materials on Debtor and Creditor Law

Author: Douglas J. Whaley

Publisher: Aspen Publishers

Published: 1998

Total Pages: 752

ISBN-13:

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PROBLEMS AND MATERIALS ON DEBTOR AND CREDITOR LAW offers a refreshing new alternative to instructors; it is the least intimidating and most student-friendly casebook on the subject. This notably brief casebook concentrates on the Code, using an appealing mix of problems, text, and cases to illustrate and demonstrate important rules and concepts. The combined talents of Professor Morris and Professor Whaley, The recognized master of the problem method, result in a book that is as interesting as it is instructive. PROBLEMS AND MATERIALS ON DEBTOR AND CREDITOR LAW begins by tracing the traditional route of most bankruptcies to show how the overall system works: commencement of the case and eligibility for relief the bankruptcy estate the automatic stay claims discharge major coverage on: avoiding powers Chapter 13 cases reorganization in Chapter 11 family farmer reorganizations jurisdiction The authors cover the entire Bankruptcy Code as well as related statutes and state creditor collection devices. Carefully-chosen cases and straightforward text reinforce the high-quality problems integrated throughout the book. These extremely effective problems are especially well suited for independent study. Be sure to evaluate this new problem-driven casebook before you select materials for your next course in Bankruptcy or Creditors' Rights. You'll see that Whaley and Morris have crafted an outstanding teaching and learning tool in PROBLEMS AND MATERIALS ON DEBTOR AND CREDITOR LAW.