The Law of Debtors and Creditors, Fifth Edition / Edition 5

The Law of Debtors and Creditors, Fifth Edition / Edition 5

by Elizabeth Warren, Jay Lawrence Westbrook
     
 

ISBN-10: 0735557888

ISBN-13: 9780735557888

Pub. Date: 12/28/2005

Publisher: Wolters Kluwer Law & Business

This leading Bankruptcy casebook by two award-winning teachers is highly regarded for its lively style, excellent problems, and balanced coverage. Revised throughout to reflect the 2005 amendments and all the other important changes in the field, THE LAW OF DEBTORS AND CREDITORS: Text, Cases, and Problems, Fifth Edition, is as current as it is comprehensive.

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Overview

This leading Bankruptcy casebook by two award-winning teachers is highly regarded for its lively style, excellent problems, and balanced coverage. Revised throughout to reflect the 2005 amendments and all the other important changes in the field, THE LAW OF DEBTORS AND CREDITORS: Text, Cases, and Problems, Fifth Edition, is as current as it is comprehensive.

The authors build on the recognized strengths of their exemplary teaching book:

  • more than 40 problem sets feature the realistic questions a lawyer considers in confronting the statutory provisions for a bankruptcy case
  • explanatory text throughout makes bankruptcy law accessible to students and easier to teach
  • logical and sensible functional organization parallels the way a bankruptcy case would unfold, allowing students to more easily understand the material
  • a thematic -mega-problem- appears throughout the book, providing chapter-by-chapter review and integrating elements of all chapters at the end of the book
  • separate treatment of consumer bankruptcy and business bankruptcy enhances clarity; beginning with the more familiar consumer bankruptcy builds student confidence
  • an excellent Teacher's Manual — now even longer and more detailed for the Fifth Edition — supplies everything from clear answers to funny stories to supplement the lessons and is especially valuable to newer instructors

    Be sure to notice these significant changes for the Fifth Edition:

  • the entire book is revised to take account of the 2005 Amendments to the Federal Bankruptcy Act, which were signed into law in April 2005 and will take effect in October 2005
  • balanced approach to the changes in the Bankruptcy Code keeps a steady focus on how to teach it without losing students in the tangled details
  • new problems corresponding to the new areas of the Code, such as eligibility to file for Chapter 7, new elements in confirmation of a Chapter 13 plan, small business bankruptcy, and the effects of changes in the requirements to confirm a Chapter 11 plan
  • a new transnational bankruptcy section built around the revised Chapter 15 of the Code, written by Jay Westbrook, one of the original creators of that chapter
  • major new Supreme Court cases (e.g., In re Till, In re Hood), new circuit court opinions, and some fresh new bankruptcy court opinions
  • substantial new empirical research woven through the text to help students become grounded in the reality of bankruptcy practice and open the possibility of more informed policy discussions
  • new ethical threads running through the problems, particularly new issues raised by the decisions thrust on debtors' counsel by the 2005 Amendments

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  • Product Details

    ISBN-13:
    9780735557888
    Publisher:
    Wolters Kluwer Law & Business
    Publication date:
    12/28/2005
    Edition description:
    Older Edition
    Pages:
    927
    Product dimensions:
    7.40(w) x 10.20(h) x 1.60(d)

    Table of Contents

    Prefacexxiii
    Acknowledgmentsxxvii
    Special Noticexxxi
    Part IIndividual Debt Collection1
    Chapter 1Collection Without Courts3
    ANonjudicial Collection Methods3
    BRestrictions on Nonjudicial Collection14
    Chapter 2State Law Debt Collection33
    ACollection Remedies33
    BFraudulent Conveyances and Shielding Debtor Assets79
    CState Collective Remedies99
    Part IIConsumer Bankruptcy105
    Chapter 3Introduction to Bankruptcy107
    ADevelopment of the Current Statute107
    BBankruptcy Court Organization112
    CStructure of the Bankruptcy Code114
    DConsumer versus Business Bankruptcy115
    Chapter 4Elements Common to Consumer Bankruptcies119
    ABackground119
    BOutline121
    CGetting Started122
    DThe Estate123
    EThe Automatic Stay137
    Chapter 5Liquidation Bankruptcy149
    AIntroduction149
    BEligibility150
    CProperty Exempt from Seizure169
    DHomesteads, Trusts, and Exemption Planning196
    EClaims and Distributions218
    FDischarge229
    GThe Debtor's Post-Bankruptcy Position: Reaffirmation254
    Chapter 6Chapter 13 Bankruptcy281
    AElements of an Acceptable Plan281
    BThreshold Eligibility for Chapter 13328
    CChapter 12 for Family Farmers and Fishermen338
    DThe Consumer Bankruptcy System339
    Part IIIBusiness Bankruptcy367
    Chapter 7Chapter 7 Liquidation369
    AIntroduction369
    BBusiness Liquidations371
    CInitiation374
    DInvoluntary Bankruptcy375
    Chapter 8Chapter 11 Reorganization395
    AIntroduction to Business Reorganizations395
    BThe Automatic Stay and Adequate Protection414
    COperating in Chapter 11437
    DReshaping the Estate478
    ENegotiating and Confirming the Plan592
    FEthical Issues761
    Part IVThe Functions and Boundaries of Bankruptcy Law791
    Chapter 9Domestic Jurisdiction793
    AThe 1978 Code793
    BThe 1984 Amendments796
    Chapter 10Transnational Bankruptcies835
    AIntroduction835
    BChoice of Forum836
    CCooperating with the Home Country Court847
    DInternational law Reform860
    EChoice of Law861
    Chapter 11The Functions of Bankruptcy Law873
    AIntroduction873
    BExclusions from Bankruptcy874
    CAlternative Approaches to Bankruptcy877
    Table of Cases893
    Table of Statutes901
    Index921

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