Law of Debtors and Creditors, Third Edition, The

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Integrating the 1994 amendments to the Bankruptcy Act, this edition of Elizabeth Warren and Jay Westbrook's lively problem-based casebook is an outstanding choice for teaching debtor/creditor and bankruptcy law. The Third Edition of LAW OF DEBTORS AND CREDITORS: Text, Cases, and Problems builds on the extraordinary success of its previous edition, with: new problems and materials to reflect the 1994 statutory changes, including: the 1994 consumer bankruptcy amendments; the overruling of DePrizio; and changes ...

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Overview

Integrating the 1994 amendments to the Bankruptcy Act, this edition of Elizabeth Warren and Jay Westbrook's lively problem-based casebook is an outstanding choice for teaching debtor/creditor and bankruptcy law. The Third Edition of LAW OF DEBTORS AND CREDITORS: Text, Cases, and Problems builds on the extraordinary success of its previous edition, with: new problems and materials to reflect the 1994 statutory changes, including: the 1994 consumer bankruptcy amendments; the overruling of DePrizio; and changes throughout in dollar values more than 20 new cases, including Heintz v. Jenkins new newspaper articles on deadbeat dads, flawed bankruptcies, and more the latest empirical studies and scholarly literature. Excellent pedagogy: more than 50 realistic problem sets - including problems reflecting the 1994 statutory changes - that challenge students to learn and apply legal rules in the context of consumer and business issues a 'megaproblem' that runs throughout the book that shows the interrelationship of state law, consumer law, and the business bankruptcy system thorough and lucid explanatory text that gets students into the material faster and deeper a superb Teacher's Manual that highlights the statutory changes made since the last edition.

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Product Details

  • ISBN-13: 9780316923613
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 3/28/1996
  • Series: Law School Casebook Series
  • Edition description: Older Edition
  • Edition number: 3
  • Pages: 992

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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