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When you purchase a new version of this casebook from the LIFT Program, you receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. Now available in an interactive study center, Examples & Explanations offer hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics covered in class. Starting July 1, 2017, if your new casebook purchase does not come with an access code on the inside cover of the book, please contact Wolters Kluwer customer service. The email address and phone number for customer service are on the copyright page, found within the first few pages, of your casebook. As part of the In Focus Casebook Series, Business Bankruptcy Law In Focus, offers a comprehensive, practice-oriented approach to the legal and practical aspects of business bankruptcy. By providing real world scenarios throughout, the text gives students numerous opportunities to apply what they are learning, and solidify their understanding of important concepts. Clear explanatory text, case previews and case follow ups further clarify the doctrine and aid in student understanding of concepts. With its focus on business bankruptcy, this text begins by reviewing the basics of business entities and debt along with essential business bankruptcy concepts, then moves onto covering powers of debtor in possession, drafting and confirming a plan of reorganization, evolving forms of business bankruptcy (e.g. liquidation of assets, prepackaged and pre-negotiated, structured dismissals, etc.). It then introduces cross-border insolvencies under Chapter 15 of the Code, bankruptcy jurisdiction, including core and noncore proceedings following the Supreme Court decision in Stern v. Marshall. Features: Fresh approach that uses selected cases to illustrate key developments in the law and to show how courts develop and apply doctrine Approachable manner and assessment features provide an experiential environment for students Hands-on approach encourages students to apply concepts to real-world scenarios, offer many opportunities for students to apply their knowledge Assessment features include: Real Life Applications Applying the Concepts Case Previews and Post Case Follow Ups
When you purchase a new version of this casebook from the LIFT Program, you receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. Now available in an interactive study center, Examples & Explanations offer hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics covered in class. Starting July 1, 2017, if your new casebook purchase does not come with an access code on the inside cover of the book, please contact Wolters Kluwer customer service. The email address and phone number for customer service are on the copyright page, found within the first few pages, of your casebook. As part of the In Focus Casebook Series, Consumer Bankruptcy Law In Focus, offers a comprehensive, practice-oriented approach to the legal and practical aspects of consumer bankruptcy. By providing real world scenarios throughout, the text gives students numerous opportunities to apply what they are learning, and solidify their understanding of important concepts. Clear explanatory text, case previews and case follow ups further clarify the doctrine and aid in student understanding of concepts. With its focus on consumer bankruptcy, this text begins by distinguishing between secured and unsecured debt, non-consensual liens, and more, before acquainting students with the bankruptcy code, rules and official forms. It then follows two different bankruptcy cases from the filing of the petition and determination of the applicable commitment period through to final discharge. Finally, the text looks at Chapter 12 bankruptcy proceeding before delving into some of the thornier jurisdictional and procedural issues that can arise in a modern bankruptcy cases.
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Bankruptcy in America is a booming business, with hundreds of thousands of ordinary Americans filing for bankruptcy each year. Is this dramatic growth a result of mushrooming debt or does it reflect a moral decline that permits the middle class to evade their debts? As We Forgive Our Debtors addresses these questions with hard empirical data drawn from bankruptcy court filings. The authors of this multidisciplinary study describe the law and the statistics in clear, nontechnical language, combining a thorough statistical description of the social and economic position of consumer bankrupts with human portraits of the debtors and creditors whose journeys have ended in bankruptcy court. Book jacket.
Bankruptcy in America, in stark contrast to its status in most other countries, typically signifies not a debtor's last gasp but an opportunity to catch one's breath and recoup. Why has the nation's legal system evolved to allow both corporate and individual debtors greater control over their fate than imaginable elsewhere? Masterfully probing the political dynamics behind this question, David Skeel here provides the first complete account of the remarkable journey American bankruptcy law has taken from its beginnings in 1800, when Congress lifted the country's first bankruptcy code right out of English law, to the present day. Skeel shows that the confluence of three forces that emerged over many years--an organized creditor lobby, pro-debtor ideological currents, and an increasingly powerful bankruptcy bar--explains the distinctive contours of American bankruptcy law. Their interplay, he argues in clear, inviting prose, has seen efforts to legislate bankruptcy become a compelling battle royale between bankers and lawyers--one in which the bankers recently seem to have gained the upper hand. Skeel demonstrates, for example, that a fiercely divided bankruptcy commission and the 1994 Republican takeover of Congress have yielded the recent, ideologically charged battles over consumer bankruptcy. The uniqueness of American bankruptcy has often been noted, but it has never been explained. As different as twenty-first century America is from the horse-and-buggy era origins of our bankruptcy laws, Skeel shows that the same political factors continue to shape our unique response to financial distress.
In 2005, more than two million Americans—six out of every 1,000 people—filed for bankruptcy. Though personal bankruptcy rates have since stabilized, bankruptcy remains an important tool for the relief of financially distressed households. In Bankrupt in America, Mary and Brad Hansen offer a vital perspective on the history of bankruptcy in America, beginning with the first lasting federal bankruptcy law enacted in 1898. Interweaving careful legal history and rigorous economic analysis, Bankrupt in America is the first work to trace how bankruptcy was transformed from an intermittently used constitutional provision, to an indispensable tool for business, to a central element of the social safety net for ordinary Americans. To do this, the authors track federal bankruptcy law, as well as related state and federal laws, examining the interaction between changes in the laws and changes in how people in each state used the bankruptcy law. In this thorough investigation, Hansen and Hansen reach novel conclusions about the causes and consequences of bankruptcy, adding nuance to the discussion of the relationship between bankruptcy rates and economic performance.
Using a hands-on approach, The ABCs of Debt: A Case Study Approach to Debtor/Creditor Relations and Bankruptcy Law, Fifth Edition bridges the difference between understanding bankruptcy concepts and applying them with confidence. Parsons begins with the premise that the specialized study of bankruptcy requires an adequate foundation in other aspects of debtor/creditor relations. This foundational knowledge is reinforced by realistic, current case studies that introduce, explain, and illustrate bankruptcy law and procedure. Students see how a bankruptcy case unfolds, from the moment a debtor makes contact with a lawyer until the case is closed. That chronological, step-by-step approach is used to study cases filed under Chapter 7, Chapter 13, and Chapter 11. This book aspires not just to teach students ‘‘about’’ bankruptcy, but also to teach them how to ‘‘do’’ bankruptcy. Broad coverage includes bankruptcy law, debt creation, secured transactions, the law of liens, and debt collection. New to the Fifth Edition: Updated to reflect significant court decisions regarding debt collection and bankruptcy including: Czyzewski v. Jevic Holding Corp. which struck down structured settlements regarding a Chapter 11 debtor that conflict with §507 priorities unless affected creditors consent Midland Funding, LLC v. Johnson, U.S. holding that filing of a time barred proof of claim does not amount to a false, deceptive, misleading, unfair, or unconscionable debt collection practice within the meaning of the Fair Debt Collection Practices Act Lamar, Archer & Cofrin, LLP, v. Appling, holding that a materially false statement in writing about a single asset can be a “statement respecting the debtor’s financial condition,” rendering debt related to the asset nondischargeable under §523(a)(2)(B) Epic Systems Corp. v. Lewis holding that private-sector non-union employers can use class action arbitration waiver provisions to bar employees from joining in a class action or collective arbitration to contest alleged wage and hour violation Updated references pertaining to the Consumer Financial Protection Bureau and the Department of Education (student loans), payday lending, and car loans Analysis of the causes of bankruptcy for those age 65 and older Demonstration bankruptcies moved to appendices for easy reference Revised case studies comply with the latest amendments to the official bankruptcy forms in effect at the time of publication including the important new Form B113, Chapter 13 Plan approved by the U.S. Judicial Conference in 2017 Professors and students will benefit from: Realistic Case Studies that add a strong skill-building component to any study of bankruptcy law Problem-Hypotheticals in which students apply concepts to realistic situations Learn-by-Doing exercises, examples, and illustrations A sequential organization of bankruptcy topics that mirrors practice Ethical Considerations that highlight relevant ethical or professional challenges presented by the topic under discussion Chapter summaries, review questions, and sample forms View from the Bench case excerpts, accompanied by Applying the Law exercises, that link doctrine to practice Engaging and informative text boxes Key Concepts at the start of each chapter Complete Case Files for both case studies—provided for students on the companion website at WKLegaledu.com/Parsons-Debt5 and referred to throughout the chapters that make up Part B To Learn More (TLM) activities for each chapter—available on the companion website—designed to challenge and enable the student to do further research on issues raised in the text or to consult additional resources for further learning
A careful analysis of the fundamentals of bankruptcy law.