The Law of Debtors and Creditors: Text, Cases, and Problems, Fourth Edition, see also Warren Bankruptcy and Article 9 Supplement

Overview

Always the most teachable of Bankruptcy casebooks, now the most current as well, The Law of Debtors and Creditors: Text, Cases, and Problems, Fourth Edition, is the perfect vehicle for a practical, realistic, and up-to-date course. Proven effective through years of classroom use, The Law of Debtors and Creditors offers:

  • 45 teachable problem sets, containing realistic questions a lawyer considers in ...
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Overview

Always the most teachable of Bankruptcy casebooks, now the most current as well, The Law of Debtors and Creditors: Text, Cases, and Problems, Fourth Edition, is the perfect vehicle for a practical, realistic, and up-to-date course. Proven effective through years of classroom use, The Law of Debtors and Creditors offers:

  • 45 teachable problem sets, containing realistic questions a lawyer considers in confronting the statutory provisions for a bankruptcy case
  • explanatory text, for stronger student comprehension and more effective teaching
  • a functional organization that parallels the way a bankruptcy case unfolds
  • an overarching 'mega-problem' (involving a debtor and his closely held corporation) running throughout the book, to put facts in context and to illustrate how doctrine is applied to find solutions for a client
  • separate, distinct coverage of consumer and business bankruptcy, tackling the more familiar consumer issues first
  • impeccable scholarship from its nationally recognized authors
In this edition — a wide range of new and updated material, including:

the latest developments on 'asset protection' through self-settled trusts and off-shore asset havens:

  • more coverage of business liquidation materials coverage of a host of new environmental and post-confirmation issues in Chapter 11, including the wonderland of litigation trusts
  • a new international section reflecting recent developments in this rapidly growing field
  • discussion of theories of bankruptcy
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Product Details

  • ISBN-13: 9780735520202
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 5/23/2001
  • Edition description: Older Edition
  • Edition number: 4
  • Pages: 1076
  • Product dimensions: 6.34 (w) x 9.52 (h) x 1.75 (d)

Table of Contents

Part I. Individual Debt Collection

1. Collection Without Courts

A. Nonjudicial Collection Methods

B. Restrictions on Nonjudicial Collection: Consumer

C. Restrictions on Nonjudicial Collection: Business

2. State Law Debt Collection

A. Collection Remedies

B. Property Exempt from Seizure

C. Fraudulent Conveyances and Shielding Debtor Assets

D. State Collective Remedies

Part II. Consumer Bankruptcy

3. Introduction to Bankruptcy

A. Development of the Current Statute

B. Bankruptcy Court Organization

C. Structure of the Bankruptcy Code

D. Consumer versus Business Bankruptcy

4. Elements Common to Consumer Bankruptcies

A. Background

B. Outline

C. The Estate

D. The Automatic Stay

5. Liquidation Bankruptcy

A. Introduction

B. Exemptions

C. Claims and Distributions

D. Discharge

E. The Debtor's Post-Bankruptcy Position: Reaffirmation

6. Chapter 13 Bankruptcy

A. Elements of an Acceptable Plan

B. Threshold Eligibility for Chapter 13

C. Chapter 12 for Family Farmers

D. The Consumer Bankruptcy

Part III. Business Bankruptcy

7. Liquidation

A. Introduction

B. Business Liquidations

C. Initiation

D. Involuntary Bankruptcy

8. Chapter 11 Reorganization

A. Introduction to Business Reorganizations: Negotiating the 11, Threatening the 7

B. The Automatic Stay and Adequate Protection

C. Operating in Chapter 11

D. Reshaping the Estate

E. Negotiating and Confirming the Plan

F. Ethical Issues

PART IV. Jurisdiction

9. Domestic Jurisdiction

A. The 1978 Amendments

B. The 1994 Amendments

C. Initiation

D. Involuntary Bankruptcy

10. Transnational Bankruptcies

A. Introduction

B. Choice of Forum

C. Cooperating with the Home Country Court

D. International Law Reform

E. Choice of Law

11. The Functions of Bankruptcy Law

A. Introduction

B. Exclusions from Bankruptcy

C. Alternative Approaches to Bankruptcy

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