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Americans now depend more heavily upon credit than any other society on Earth, or any other time in history. Borrowing has become a way of life for millions of families, and it is hard to imagine a time when charge accounts did not exist. Nonetheless, it would be a mistake to assume that, because a wallet filled with plastic instead of cash is a relatively new phenomenon, Americans have not been borrowers and lenders since the colonization of the New World. Author Peter J. Coleman proves otherwise. In one Form or another -- notes of hand, book credit, commercial paper, mortgages, land contracts -- settlers borrowed to pay their passage from Europe, to buy and clear land, to build and operate mills, to purchase slaves, and to gamble and drink. Debtors' prison awaited those who could not pay their debts, and a pauper's grave received the unfortunate who lacked the private means to feed and clothe himself in prison. While the debtors' prisons described in this book no longer exist, the author maintains that our credit-oriented society has yet to devise cheap, efficient, equitable, and humane methods of enforcing contracts for debt.
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.
Through its previous seven editions, Examples & Explanations: Bankruptcy and Debtor/Creditor has been popular with students and practitioners for its extraordinarily lucid explanations of complex concepts. In this eighth edition, the coauthors, Brian Blum and Samir Parikh, combine their expertise to enhance the book’s treatment of all salient areas of bankruptcy and debtor-creditor law. Although there are many changes in the eighth edition, it maintains the format and approach of previous editions. The textual discussion of the principles, goals, policies, and legal rules of Bankruptcy and Debtor-Creditor law is clear and accessible. The Examples & Explanations pedagogy gives the reader practice interpreting the Bankruptcy Code and applying the rules and principles to factual situations. This book will help law students master fundamental federal bankruptcy and state debtor-creditor concepts and rules, which will help them succeed in upper-level bankruptcy/debtor-creditor courses; and it will also give them a leg up when they encounter bankruptcy in other areas, such as family law, taxation, real estate, business organizations, secured transactions, torts, and others. New to the 8th Edition: New problems addressing current bankruptcy issues, including mass tort bankruptcies like Purdue Pharma and Boy Scouts of America.? New cases throughout and discussion of recent developments in the law, including unique insights into 363 assets sales, fraudulent transfer law, 524(g), small business bankruptcy under Subchapter V, and dischargeability of student loan debt. New overview sections in each chapter, designed to provide a summary of the Bankruptcy Code sections covered. Rewriting of text to enhance clarity, add hypotheticals, and integrate the discussion of?new topics. Professors and students will benefit from: Examples & Explanations are designed to highlight fundamental issues covered in the textual part of the chapter and to allow students to self-test on topics discussed in the text. The Examples set out a factual scenarios which are resolved in the Explanation, with reference back to the textual material. Topics have been arranged within each chapter to allow students to see the interactions between different Code sections, and to move from basic to more complex topics. Each chapter contains cross references to material in other chapters to enable students to link themes in various chapters and to see how the topics fit together to form a comprehensive system. The text is clearly written to be accessible to students, and covers rules and concepts in the depth and breadth that is likely to be required of students in the bankruptcy/debtor-creditor course. One-of-a-kind flowcharts and diagrams aid in understanding by the visual representation of concepts, processes, and relationships. The extensive glossary at the end of the book gives students a ready explanation of the meaning of the many terms of art that they may encounter in this area, both in the book and in other materials.
A comprehensive guide to bankruptcy law in the United States, featuring the full text of the federal bankruptcy law. An essential resource for lawyers, judges, and anyone dealing with bankruptcy cases. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
A skilled teacher and master of the format, Blum has produced some of the most successful titles in the Examples & Explanations Series. This latest edition helps students grasp the intricacies of bankruptcy and debtor/creditor law, moving from simpler to more complex topics. Each new concept is introduced with a textual overview, followed by examples and related questions, then answers and follow-up explanations. An ideal accompaniment to any of the leading casebooks. Written by one of the most successful Examples & Explanations authors, this popular study guide features: coverage of recent changes in the Bankruptcy Code the highly effective Examples & Explanations format tutoring students through each legal concept with a textual introduction, examples and questions, and answers with follow-up explanations flexible content and organization supporting any course structure and all of the leading casebooks, with plenty of material for extra practice on any topic as needed The Third Edition has been thoroughly updated to include: discussions of proposed reforms in federal policy covering the potential impact of changes in federal bankruptcy policy on consumers and small businesses new coverage of sovereign immunity examining the current laws protecting federal, state, and tribal governments from suit updated cases and legal issues, including debtors retention of property under Chapter 7, recent revisions To The Bankruptcy Code, and new statutory and case law
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.