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

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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
  • Edition number: 5
  • Pages: 927
  • Product dimensions: 7.40 (w) x 10.20 (h) x 1.60 (d)

Table of Contents

Preface xxiii
Acknowledgments xxvii
Special Notice xxxi
Part I Individual Debt Collection 1
Chapter 1 Collection Without Courts 3
A Nonjudicial Collection Methods 3
B Restrictions on Nonjudicial Collection 14
Chapter 2 State Law Debt Collection 33
A Collection Remedies 33
B Fraudulent Conveyances and Shielding Debtor Assets 79
C State Collective Remedies 99
Part II Consumer Bankruptcy 105
Chapter 3 Introduction to Bankruptcy 107
A Development of the Current Statute 107
B Bankruptcy Court Organization 112
C Structure of the Bankruptcy Code 114
D Consumer versus Business Bankruptcy 115
Chapter 4 Elements Common to Consumer Bankruptcies 119
A Background 119
B Outline 121
C Getting Started 122
D The Estate 123
E The Automatic Stay 137
Chapter 5 Liquidation Bankruptcy 149
A Introduction 149
B Eligibility 150
C Property Exempt from Seizure 169
D Homesteads, Trusts, and Exemption Planning 196
E Claims and Distributions 218
F Discharge 229
G The Debtor's Post-Bankruptcy Position: Reaffirmation 254
Chapter 6 Chapter 13 Bankruptcy 281
A Elements of an Acceptable Plan 281
B Threshold Eligibility for Chapter 13 328
C Chapter 12 for Family Farmers and Fishermen 338
D The Consumer Bankruptcy System 339
Part III Business Bankruptcy 367
Chapter 7 Chapter 7 Liquidation 369
A Introduction 369
B Business Liquidations 371
C Initiation 374
D Involuntary Bankruptcy 375
Chapter 8 Chapter 11 Reorganization 395
A Introduction to Business Reorganizations 395
B The Automatic Stay and Adequate Protection 414
C Operating in Chapter 11 437
D Reshaping the Estate 478
E Negotiating and Confirming the Plan 592
F Ethical Issues 761
Part IV The Functions and Boundaries of Bankruptcy Law 791
Chapter 9 Domestic Jurisdiction 793
A The 1978 Code 793
B The 1984 Amendments 796
Chapter 10 Transnational Bankruptcies 835
A Introduction 835
B Choice of Forum 836
C Cooperating with the Home Country Court 847
D International law Reform 860
E Choice of Law 861
Chapter 11 The Functions of Bankruptcy Law 873
A Introduction 873
B Exclusions from Bankruptcy 874
C Alternative Approaches to Bankruptcy 877
Table of Cases 893
Table of Statutes 901
Index 921
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