Problems and Materials on Debtor and Creditor Law, Second Edition

Overview

This student-friendly casebook provides a solid introduction to the major cases, Bankruptcy Code, statutory rules, and issues of bankruptcy law. With a lively mix of problems, text, and cases to illustrate important rules and concepts, the book offers a refreshing selection for instructors and students alike. What makes this casebook stand out from the rest? n a notably brief casebook with a straightforward approach n accessible problems that focus on the 'nuts and bolts' of the law as it is applied in practice n...

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Overview

This student-friendly casebook provides a solid introduction to the major cases, Bankruptcy Code, statutory rules, and issues of bankruptcy law. With a lively mix of problems, text, and cases to illustrate important rules and concepts, the book offers a refreshing selection for instructors and students alike. What makes this casebook stand out from the rest? n a notably brief casebook with a straightforward approach n accessible problems that focus on the 'nuts and bolts' of the law as it is applied in practice n carefully chosen cases that demonstrate how the overall Bankruptcy system works n successful author Douglas J. Whaley has written six other casebooks in areas including commercial law, consumer law, and contracts Features of the Second Edition:

  • completely updated material to reflect the major statutory changes in bankruptcy law
  • discussion of relevant sections of UCC Article 9
  • additional problems
  • additional cases
  • a comprehensive Teacher's Manual
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Product Details

  • ISBN-13: 9780735520226
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 4/28/2002
  • Edition description: Older Edition
  • Edition number: 2
  • Pages: 690

Table of Contents

1: INTRODUCTION TO DEBTOR AND CREDITOR LAW

I. Overview of Bankruptcy Law

II. Creditors and Their Liens

III. Collection of Debts Outside of Bankruptcy

IV. Fraudulent Transfers

2: COMMENCEMENT OF THE CASE AND ELIGIBILITY FOR RELIEF

I. Voluntary Proceedings

II. Involuntary Cases

III. Debtors' Eligibility for Relief

IV. Limitations on Repeat Bankruptcy Filings

3: THE BANKRUPTCY ESTATE

I. Postpetition Earnings from Personal Services

II. Limits on Property of the Estate

III. Exclusions from Property of the Estate

IV. Exemptions and Lien Avoidance

V. Claiming the Exemption

4: THE AUTOMATIC STAY

I. The Nature of the Stay

II. Lifting the Stay

5: CLAIMS

I. Allowance of Claims Generally

II. Estimation of Claims

III. Secured Claims

IV. Priority Claims

V. Future Claims

6: DISCHARGE

I. Introduction

II. The Global Denial of Discharge

III. Exceptions to Discharge

IV. Effect of Discharge

V. Reaffirmation

VI. Redemption

VII. Protecting the Discharge

7: AVOIDANCE POWERS

I. Lien Stripping

II. The Strong Arm Clause

III. Preferences

IV. Setoff

V. Statutory Liens

VI. Fraudulent Transfers

VII. Trustee As Successor to Actual Creditor

VIII. Postpetition Transfers

IX. Avoidance and Postponement of Certain Liens

8: CHAPTER 13 CASES

I. Eligibility for Relief

II. The Codebtor Stay

III. The Chapter 13 Plan

IV. Modification

V. Discharge

VI. Conversion and Dismissal of Chapter 13 Cases

VII. The 'Involuntary' Chapter 13

9: REORGANIZATION IN CHAPTER 11

I. Getting Started

II. Running the Show

III. The Plan of Reorganization

10: FAMILY FARMER REORGANIZATION

I. Eligibility

II. Effect of Commencement of the Case

III. The Chapter 12 Plan

IV. Confirmation of the Plan

V. Discharge

11: JURISDICTION

I. Basic Issues

II. Jury Trials

III. Appeals

Table of Cases

Table of Statutes

Index

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