Bankruptcy and Debtor/Creditor: Examples & Explanations, Second Edition

Overview

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.

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Overview

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
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Product Details

  • ISBN-13: 9780735500327
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 2/1/1999
  • Series: Examples and Explanations Series
  • Edition description: Older Edition
  • Edition number: 2
  • Pages: 576
  • Product dimensions: 7.10 (w) x 9.96 (h) x 1.05 (d)

Table of Contents

Table of Contents

Contents

Preface

Acknowledgements to the Second Edition

Acknowledgements to the First Edition

Special Notice

1.The Framework of the Debtor/Creditor Relationship and an Introduction to Unsecured Credit

1.1 Debtors and Creditors

1.2 State Law and Federal Law: An Introductory Note

1.3 Formation and Planning Concerns

1.4 The Enforcement of Unsecured Debt - An Overview

2. Secured Debt and Priorities

2.1 Definition and Terminology

2.2 The Relationship between the Debt and the Collateral

2.3 The Creation of a Lien

2.4 The Different Categories of Lien

2.5 The Effect of a Valid Lien

2.6 Enforcement of the Lien

2.7 Priorities among Liens and Other Interests

3. Debt Collection Under State Law

3.1 Preliminary Observations on Debt Collection by Judicial Process at State Law

3.2 Executable Property and Levy

3.3 Judicial Prejudgment Remedies

3.4 The Judgment and Its Enforcement

3.5 Execution

3.6 Garnishment

3.7 Proceedings in Aid of Execution

3.8 Bankruptcy and the State Law Collection Process

3.9 State Law Insolvency Proceedings

4. Fraudulent Transfers

4.1 Background - The Basis and Purpose of Fraudulent Transfer Law

4.2 An Overview of the Avoidance Suit

4.3 Actual Fraud

4.4 Constructive Fraud

4.5 The Relationship between Grounds of Constructive Fraud and Actual Fraud

4.6 The Remedy of Avoidance and the Rights of the Transferee

4.7 Fraudulent Transfer Law and Leveraged Buyouts

5. The Nature, Source, and Policies of Bankruptcy Law

5.1 What is Bankruptcy?

5.2 The Federal Nature of Bankruptcy Law

5.3 Uniformity in Bankruptcy Law

5.4 The Statutory Source of Bankruptcy Law

5.5 The Policies of Bankruptcy Law

6. Participants in the Bankruptcy Case

6.1 The Bankruptcy Court

6.2 The Trustee

6.3 The U.S. Trustee

6.4 The Debtor

6.5 Creditors and Creditors' Committees

6.6 Attorneys and Other Professional Consultants

6.7 Other Participants

6.8 Issues of Professional Ethics

7. Bankruptcy Jurisdiction and the Powers of the Bankruptcy Court

7.1 Introduction

7.2 District Court Jurisdiction over Bankruptcy

7.3 The Exercise of Bankruptcy Jurisdiction by Bankruptcy Courts

7.4 The Jury Trial in Bankruptcy

7.5 The Injunctive and Contempt Powers of the Bankruptcy Court

7.6 Appeals from the Bankruptcy Court

7.7 Abstention

7.8 Removal and Remand under 28 U.S.C. §1452

8. Debtor Eligibility and the Different Forms of Bankruptcy Relief

8.1 Introduction

8.2 An Overview of the Distinction Between Liquidation and Rehabilitation

8.3 Different Types of Debtor

8.4 Debtor Eligibility

8.5 Choice of Relief

8.6 Conversion from One Chapter to Another

9. The Commencement of the Bankruptcy Case

9.1 Introduction

9.2 Venue

9.3 The Voluntary Case

9.4 The Voluntary Petition As an Order for Relief

9.5 Joint Cases, Jointly Administered Cases, and Consolidation

9.6 Involuntary Cases

9.7 Dismissal of a Bankruptcy Case

9.8 The Creditors' Meeting

10. The Automatic Stay

10.1 Introduction

10.2 The Purpose of the Automatic Stay

10.3 The Nature and Scope of the Stay

10.4 The Range of the Stay: §§362 (a) and (b)

10.5 Termination of the Stay

10.6 The Effect of the Stay on Limitation Periods - §108

10.7 The Effect of Violating the Stay

11. Relief from Stay and Adequate Protection

11.1 Introduction

11.2 The Procedure for Relief from Stay

11.3 Forms of Relief

11.4 Grounds for Relief

11.5 Lack of Adequate Protection As Cause for Relief from Stay under §362 (d)(1)

12. Property of the Estate

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