The Law of Debtors and Creditors: Text, Cases, and Problems

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Part IIndividual Debt Collection

• Collection Without Courts

• State Law Debt Collection

Part IIConsumer Bankruptcy

• Introduction to Bankruptcy

• Elements Common to Consumer Bankruptcies

• Liquidation Bankruptcy

• Chapter 13 Bankruptcy

Part IIIBusiness Bankruptcy

• Chapter 7 Liquidation

• Chapter 11 Reorganization

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More About This Book

Overview

Summary of Contents

Part IIndividual Debt Collection

• Collection Without Courts

• State Law Debt Collection

Part IIConsumer Bankruptcy

• Introduction to Bankruptcy

• Elements Common to Consumer Bankruptcies

• Liquidation Bankruptcy

• Chapter 13 Bankruptcy

Part IIIBusiness Bankruptcy

• Chapter 7 Liquidation

• Chapter 11 Reorganization

Part IVThe Functions and Boundaries of Bankruptcy Law

• Domestic Jurisdiction

• Transnational Bankruptcies

• The Functions of Bankruptcy Law

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Product Details

  • ISBN-13: 9780316923545
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 1/1/1986
  • Pages: 800

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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