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.
When you purchase a new version of this casebook from the LIFT Program, you receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. Now available in an interactive study center, Examples & Explanations offer hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics covered in class. Starting July 1, 2017, if your new casebook purchase does not come with an access code on the inside cover of the book, please contact Wolters Kluwer customer service. The email address and phone number for customer service are on the copyright page, found within the first few pages, of your casebook. As part of the In Focus Casebook Series, Business Bankruptcy Law In Focus, offers a comprehensive, practice-oriented approach to the legal and practical aspects of business bankruptcy. By providing real world scenarios throughout, the text gives students numerous opportunities to apply what they are learning, and solidify their understanding of important concepts. Clear explanatory text, case previews and case follow ups further clarify the doctrine and aid in student understanding of concepts. With its focus on business bankruptcy, this text begins by reviewing the basics of business entities and debt along with essential business bankruptcy concepts, then moves onto covering powers of debtor in possession, drafting and confirming a plan of reorganization, evolving forms of business bankruptcy (e.g. liquidation of assets, prepackaged and pre-negotiated, structured dismissals, etc.). It then introduces cross-border insolvencies under Chapter 15 of the Code, bankruptcy jurisdiction, including core and noncore proceedings following the Supreme Court decision in Stern v. Marshall. Features: Fresh approach that uses selected cases to illustrate key developments in the law and to show how courts develop and apply doctrine Approachable manner and assessment features provide an experiential environment for students Hands-on approach encourages students to apply concepts to real-world scenarios, offer many opportunities for students to apply their knowledge Assessment features include: Real Life Applications Applying the Concepts Case Previews and Post Case Follow Ups
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.
This third edition represents the best bankruptcy law text for paralegals available. Emphasizing the Bankruptcy Code Rules as they affect both consumers and business, BASIC BANKRUPSTCY LAW FOR PARALEGALS clearly shows students how to prepare debtor statements and schedules; report on debtors statements and schedules for creditors; prepare proofs of claims for creditors; assist in claims review and objection procedures for trustees; monitor debtors compliance with applicable rules; research exemptions and cramdown issues; investigate facts and documents for litigation; draft preliminary motions, complaints, briefs, and memoranda; and prepare administrative reports for trustees. With reference throughout To The latest Code amendments and rules form districts nationwide, BASIC BANKRUPTCY LAW FOR PARALEGALS offers step-by-step guidance through the paralegal's role at every stage of every bankruptcy proceeding, complete with the documents and timing involved. Abundant examples, checklists of procedures, and questions for discussion all enhance the books value as the most useful and accessible text available.The exceptional teaching package includes a separate Forms Manual to familiarize your students with the forms and documents whey will encounter in practice. In addition, a helpful Instructor's Manual gives you the benefit of the authors own classroom methods.
A Road Map to Bankruptcy Law; Individual Debtor and the Fresh Start; Corporate Reorganizations and the Absolute Priority Rule; Claims, Property of the Estate, and the Strong-Arm Powers; Executory Contracts; Fraudulent Conveyances, Equitable Subordination, and Substantive Consolidation; Preferences; Automatic Stay; Debtor in Possession; Forming the Plan of Reorganization.
Corporate bankruptcy is a defining characteristic of the market economy. It encapsulates the fundamental conflicts between capital and labour, owners and managers, debtors and creditors, the state and the market. Yet, with one or two notable exceptions, the political and social dynamics ofbankruptcy law and practice have been overlooked by serious socio-legal scholars. This book remedies that neglect. Adopting an approach that compares English and American law, the authors identify the underlying political forces that established corporate bankruptcy law on both sides of the Atlantic. The book demonstrates how, by a recursive loop of professional self-interest,corporate insovency regulation is the creation of the lawyers who interpret and administer it. This book will be welcomed as an important sociological study and advances our understanding of how substantive law results from conflicts among the professionals who help to create it.
