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2901435440806
Introduction to Bankruptcy Law / Edition 6 available in Paperback
Introduction to Bankruptcy Law / Edition 6
by Martin A. Frey
Martin A. Frey
- ISBN-10:
- 1435440803
- ISBN-13:
- 2901435440806
- Pub. Date:
- 04/03/2012
- Publisher:
- Cengage Learning
Introduction to Bankruptcy Law / Edition 6
by Martin A. Frey
Martin A. Frey
$159.76
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Overview
The authors of this publication have taken a practical approach to teaching the intricacies of bankruptcy. To promote reader comprehension, they employ step-by-step explanations and flow charts of each type of filing, supporting case examples, challenging problems to address, and the definition of new terms as they are introduced. To further enhance learning, the roles of the various parties involved in the process are described in detail, particularly the role of the paralegal. From fact gathering and interfacing with clients, to the preparation of various official forms, paralegals will come to understand their role and those of others in handling bankruptcy cases. The most up-to-date official bankruptcy forms with detailed explanations for completing them are contained within the publication, as are debtor and creditor client questionnaires.
Product Details
ISBN-13: | 2901435440806 |
---|---|
Publisher: | Cengage Learning |
Publication date: | 04/03/2012 |
Edition description: | New Edition |
Pages: | 672 |
Product dimensions: | 6.00(w) x 1.25(h) x 9.00(d) |
About the Author
Martin A. Frey, BSME, JD, LLM,is a Professor Emeritus at The University of Tulsa, Tulsa, Oklahoma, Senior Adjunct Settlement Judge for the United States District and Bankruptcy Courts for the Northern Districts of Oklahoma, and was the Reporter for the Civil Justice Reform Act Advisory Group for the United States District Court for the Northern District of Oklahoma. He was a professor at Drake and Texas Tech Universities and a visiting professor at the University of Maine, Washington University (St. Louis), the University of Alabama, Wake Forest University, Stetson University, and Florida International University. When teaching, Professor Frey served on a number of site visitation teams for the Section on Accreditation and Admission to the Bar of the American Bar Association. Professor Frey currently volunteers with the Financial Crimes Unit of the Tulsa Police Department. He is the author or co-author of "The Little Black Book, A Do-It Yourself Guide for Law School Competitions" (Carolina Academic Press, 2002); "Alternative Methods of Dispute Resolution" (Delmar Learning Thomson, 2003); "Introduction to the Law of Contracts, 4th Edition (Delmar Cengage Learning, 2008); "Introduction to Bankruptcy Law, 6th Edition (Delmar Cengage Learning, 2013); and "Essentials of Contract Law," 2nd Edition (Cengage Learning, 2015).
Sidney K. Swinson, BBA, JD, is a Shareholder, Officer and Director of GableGotwals, Tulsa, Oklahoma, an Adjunct Professor at The University of Tulsa College of Law, a Chapter 7 trustee for the United States Bankruptcy Courts for the Northern and Eastern Districts of Oklahoma, a Fellow of the American College of Bankruptcy, a Director of the Bankruptcy and Reorganization Section of the Oklahoma Bar Association, an Adjunct Settlement Judge for the United States Bankruptcy Court and United States District Court for the Northern District of Oklahoma, a member of the American Bankruptcy Institute and the National Association of Bankruptcy Trustees, the recipient of the Oklahoma Bar Association Courageous Lawyer Award and the John E. Shipp Ethics Award, and a bankruptcy practitioner.
Sidney K. Swinson, BBA, JD, is a Shareholder, Officer and Director of GableGotwals, Tulsa, Oklahoma, an Adjunct Professor at The University of Tulsa College of Law, a Chapter 7 trustee for the United States Bankruptcy Courts for the Northern and Eastern Districts of Oklahoma, a Fellow of the American College of Bankruptcy, a Director of the Bankruptcy and Reorganization Section of the Oklahoma Bar Association, an Adjunct Settlement Judge for the United States Bankruptcy Court and United States District Court for the Northern District of Oklahoma, a member of the American Bankruptcy Institute and the National Association of Bankruptcy Trustees, the recipient of the Oklahoma Bar Association Courageous Lawyer Award and the John E. Shipp Ethics Award, and a bankruptcy practitioner.
Table of Contents
Table of Exhibits | xx | |
Table of Cases | xxii | |
Table of Statutes and Rules | xxiii | |
Preface | xxxi | |
Chapter 1 | The Evolution of Bankruptcy Law | 1 |
Section 1 | Brief History of Modern Bankruptcy Law | |
A. | The Appearance of Bankruptcy in Early English Law | 2 |
B. | Treatment of Bankruptcy in the United States Constitution | 2 |
C. | Early American Bankruptcy Statues | 2 |
D. | The Bankruptcy Act of 1898 | 3 |
E. | The Bankruptcy Reform Act of 1978 | 4 |
F. | Amendments to the Bankruptcy Reform Act of 1978 | 5 |
G. | Future Bankruptcy Reform | 7 |
Section 2 | The Dual Nature of Bankruptcy as a Remedy for Both Creditors and Debtors | |
Chapter 2 | Bankruptcy Law and Where to Find It | 9 |
Section 1 | The Bankruptcy Code | |
A. | The Universal Chapters | 13 |
B. | The Operative Chapters | 17 |
Section 2 | The Federal Rules of Bankruptcy Procedure and Official Forms | |
A. | The Federal Rules of Bankruptcy Procedure and Official Forms | 20 |
B. | The Local Rules | 21 |
Section 3 | Bankruptcy Law Cases | |
Section 4 | Secondary Authority | |
A. | Legislative History | 24 |
B. | Digests | 25 |
C. | Loose-leaf Services | 25 |
D. | Treatises | 25 |
E. | Legal Periodicals | 26 |
F. | American Law Reports | 27 |
G. | Legal Encyclopedias | 27 |
H. | Internet Resources | 27 |
Chapter 3 | The Cast of Characters and Their Roles in the Bankruptcy Process | 29 |
Section 1 | The Debtor, the Debtor's Attorney, and the Paralegal | |
A. | The Debtor | 30 |
B. | The Debtor's Attorney | 31 |
C. | The Paralegal | 32 |
Section 2 | The Bankruptcy Petition Preparer | |
Section 3 | The Creditors and Other Parties in Interest | |
A. | Creditors | 34 |
B. | Other Parties in Interest | 39 |
Section 4 | The Administrative Office of the United States Courts | |
Section 5 | The Bankruptcy Judge and Staff | |
A. | The Bankruptcy Judge | 42 |
B. | The Judge's Law Clerk, Judicial Assistant, and Courtroom Deputy | 43 |
C. | The Court Reporter | 43 |
Section 6 | The Office of the Clerk of the Bankruptcy Court | |
A. | The Bankruptcy Court Clerk | 43 |
B. | The Deputy Clerks | 44 |
Section 7 | The United States Trustees, Private Trustees, and Examiners | |
A. | The United States Trustees | 45 |
B. | Private Trustees | 46 |
C. | Examiners | 49 |
Chapter 4 | Information Gathering, Analysis, Counseling, and Drafting | 50 |
Section 1 | The Debtor-Client | |
A. | Information Gathering | 52 |
B. | Analysis: Nonbankruptcy or Bankruptcy | 65 |
C. | Counseling | 76 |
D. | Drafting of Bankruptcy Forms | 76 |
Section 2 | The Creditor-Client | |
A. | The Causes of the Creditor's Distress | 77 |
B. | Information Gathering | 77 |
C. | Analysis: If the Debtor Has Filed Bankruptcy | 77 |
D. | Analysis: Alternatives If the Debtor Has Not Filed Bankruptcy | 80 |
E. | Counseling | 85 |
Section 3 | The Debtor-Client in an Involuntary Bankruptcy | |
A. | Information Gathering | 85 |
B. | Analysis | 86 |
C. | Counseling | 86 |
Chapter 5 | The Voluntary Chapter 7 Bankruptcy (Liquidation) | 88 |
Section 1 | The Initiation of a Chapter 7 Case | |
Section 2 | The Filing of the Petition | |
A. | The Debtor's Petition (Official Form No. 1) | 103 |
B. | The Filing Fee | 112 |
C. | The Clerk's Notice | 115 |
D. | Corporate Resolution Authorizing Filing of Chapter 7 | 117 |
E. | Disclosure of Attorney's Compensation Statement | 118 |
F. | The List of Creditors | 121 |
G. | Schedules (Official Form No. 6) | 122 |
H. | Statement of Financial Affairs | 168 |
I. | Statement of Intention If the Debtor Is an Individual with Consumer Debts | 190 |
J. | Debtor's Duty to Supplement the Schedules | 192 |
K. | Debtor's Right to Amend the Petition, Lists, Schedules, and Statements | 193 |
Section 3 | The Significance of Filing a Petition | |
A. | The Order for Relief | 194 |
B. | The Estate Is Created | 194 |
C. | Exemptions | 201 |
D. | The Automatic Stay | 207 |
Section 4 | The Appointment and Powers of an Interim Trustee | |
A. | Abandon Property of the Estate | 213 |
B. | Assume or Reject Executory Contracts | 214 |
C. | Avoiding Transfers | 215 |
Section 5 | Proofs of Claim and Proofs of Interest | |
A. | Creditors' and Indenture Trustees' Proofs of Claim | 230 |
B. | Equity Security Holders' Proofs of Interest | 230 |
Section 6 | Motions and Complaints after the Order for Relief | |
A. | Motions | 234 |
B. | Complaints | 252 |
Section 7 | Order and Notice of Chapter 7 Bankruptcy Filing, Meeting of Creditors, and Fixing of Dates | |
Section 8 | Objections by a Party in Interest to Debtor's Claim of Exemptions | |
Section 9 | Meeting of Creditors (The Section 341 Meeting) and Meeting of Equity Security Holders | |
A. | The Meeting of Creditors | 270 |
B. | The Meeting of Equity Security Holders | 271 |
Section 10 | Redemption, Discharge and Reaffirmation | |
A. | Redemption | 271 |
B. | Discharge and Reaffirmation | 271 |
C. | Revocation of Discharge | 272 |
Section 11 | Distribution of the Property of the Estate | |
A. | Priority Claims | 278 |
B. | Nonpriority Claims | 280 |
Section 12 | Closing the Case | |
A. | Trustee's Final Report and Proposed Distribution | 281 |
B. | Trustee's Final Account after Distribution and Request for Discharge | 281 |
C. | Closing the Case | 281 |
Section 13 | After the Case Is Closed | |
A. | Amending the Case without Reopening the Case | 294 |
B. | Reopening a Closed Case | 294 |
Chapter 6 | The Chapter 13 Bankruptcy (Adjustment of Debts of an Individual with Regular Income) | 298 |
Section 1 | The Initiation of a Chapter 13 Case | |
Section 2 | The Chapter 13 Plan | |
A. | Contents of a Chapter 13 Plan | 308 |
B. | The Debtor's Payments under the Plan | 318 |
C. | Modification of the Plan before Confirmation | 318 |
Section 3 | The Filing of the Petition | |
Section 4 | The Significance of Filing a Petition | |
A. | Possession and Control of Property of the Estate | 321 |
B. | Operation of the Debtor's Business | 321 |
C. | Exemptions | 321 |
Section 5 | Appointment and Duties of a Chapter 13 Trustee | |
Section 6 | Motions and Complaints after the Order for Relief | |
A. | Motions | 323 |
B. | Complaints | 325 |
Section 7 | The Clerk's Notice | |
Section 8 | Meeting of Creditors (The Section 341 Meeting) | |
Section 9 | Hearing on Confirmation of the Plan | |
Section 10 | Trustee's Distribution of Payments under the Plan | |
Section 11 | Modification of the Plan after Confirmation | |
Section 12 | Revocation of Order of Confirmation | |
Section 13 | Discharge | |
Section 14 | Revocation of the Discharge | |
Section 15 | Closing the Case and Proceedings after the Case Is Closed | |
Chapter 7 | The Chapter 12 Bankruptcy (Adjustment of Debts of a Family Farmer with Regular Annual Income) | 344 |
Section 1 | The Initiation of a Chapter 12 Case | |
Section 2 | The Chapter 12 Plan | |
A. | Contents of a Chapter 12 Plan | 357 |
B. | The Debtor's Payments under the Plan | 358 |
C. | Modification of the Plan before Confirmation | 363 |
Section 3 | The Filing of the Petition | |
Section 4 | The Significance of Filing a Petition | |
A. | Possession and Control of Property of the Estate: The Debtor in Possession | 368 |
B. | Operation of the Debtor's Business | 368 |
C. | Exemptions | 369 |
Section 5 | Appointment and Duties of a Chapter 12 Trustee | |
Section 6 | Motions and Complaints after the Order for Relief | |
A. | Motions | 371 |
B. | Complaints | 374 |
Section 7 | The Clerk's Notice | |
Section 8 | Meeting of Creditors (The Section 341 Meeting) | |
Section 9 | Hearing on Confirmation of the Plan | |
Section 10 | Trustee's Distribution of Payments under the Plan | |
Section 11 | Modification of the Plan after Confirmation | |
Section 12 | Revocation of Order of Confirmation, Conversion, or Dismissal | |
Section 13 | Discharge | |
Section 14 | Revocation of the Discharge | |
Section 15 | Closing the Case and Proceedings after the Case Is Closed | |
Chapter 8 | The Voluntary Chapter 11 Bankruptcy (Reorganization) | 388 |
Section 1 | The Initiation of a Chapter 11 Case | |
Section 2 | The Chapter 11 Petition and the Significance of Filing a Chapter 11 Petition | |
A. | The Filing of the Chapter 11 Petition | 395 |
B. | The Significance of Filing a Petition | 401 |
C. | Evidence of Debtor in Possession (DIP) Status | 405 |
D. | Exemptions | 405 |
Section 3 | The Chapter 11 Plan | |
A. | Strategies Utilized in Reorganization Plans | 407 |
B. | Contents of a Chapter 11 Plan | 413 |
C. | Modification of a Chapter 11 Plan | 415 |
D. | Chapter 11 Plan Filed by Parties Other Than the Debtor | 422 |
Section 4 | A Disclosure Statement or Evidence Showing Compliance with 11 U.S.C.A. [Section] 1126(b) | |
Section 5 | Order and Notice of Chapter 11 Bankruptcy Filing, Meeting of Creditors, and Fixing of Dates | |
Section 6 | Motions and Complaints | |
A. | Motions | 435 |
B. | Complaints | 435 |
Section 7 | Appointment of a Committee of Unsecured Creditors and a Committee of Equity Security Holders | |
Section 8 | Meeting of Creditors (The Section 341 Meeting) and Meeting of Equity Security Holders | |
Section 9 | Hearing on the Disclosure Statement | |
Section 10 | Hearing on Confirmation of the Plan | |
Section 11 | Effect of Confirmation of the Plan | |
Section 12 | Distribution under the Plan and Reporting by Debtor in Possession or Chapter 11 Trustee | |
Section 13 | Revocation of an Order of Confirmation | |
Section 14 | Final Report and Final Decree | |
Chapter 9 | Selecting the Appropriate Type of Bankruptcy Filing | 458 |
Section 1 | Eligibility | |
Section 2 | Selecting the Chapter If the Debtor Is Eligible under Multiple Chapters | |
A. | The Business Debtor | 464 |
B. | The Nonbusiness Debtor | 467 |
Chapter 10 | The Involuntary Bankruptcy: Chapter 7 or Chapter 11 | 473 |
Section 1 | Limitations on Filing an Involuntary Petition | |
A. | Debtors Who May Be Subject to an Involuntary Petition | 474 |
B. | Requirements of a Petitioning Creditor | 474 |
Section 2 | Flow Chart for the Involuntary Petitions | |
Section 3 | The Filing of the Creditors' Petition | |
Section 4 | The Significance of Filing a Petition | |
A. | The Order for Relief, the Bankruptcy Estate, and the Automatic Stay | 485 |
B. | Appointment of a Trustee | 485 |
C. | Gap Period Creditors | 485 |
Section 5 | The Debtor's Answer | |
Section 6 | Hearing and Disposition of an Involuntary Petition | |
A. | The Order for Relief | 486 |
B. | Dismissal of an Involuntary Petition | 490 |
Appendix A | Interview Questionnaire for the Debtor-Client | 493 |
Appendix B | Interview Questionnaire for the Creditor-Client | 538 |
Appendix C | Chapter 9--Debts of Municipalities | 540 |
Glossary | 542 | |
Index | 550 |
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