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Any company that does business with consumers will find itself in bankruptcy court at some time during the life of the company. If you are the owner or manager of a business, you know the reality and need to understand how a customer's bankruptcy case will impact your business. Consumer bankruptcy filings have increased dramatically in the last 10 years. Businesses need to understand the bankruptcy process from the position of a creditor facing a consumer debtor. This book will provide an overview of the most common forms of consumer bankruptcy, including a timeline of events, and the creditor's interaction with the various parties along the way. We will also go through the forms every creditor will see in a bankruptcy case, and break them down so a business owner can understand what they're reading. We provide guide points for discussion with the business's attorney. Also see strategic tips and points for maximizing returns through best business practices. Several different industries are covered, including consumer lenders, vendors, community associations, and landlords.
With tips on understanding -- and surviving -- the new bankruptcy laws If you're considering bankruptcy, you need straightforward answers and reliable advice. This handy guide covers it all -- so you can get your finances in line and your life back on track. This updated new edition covers everything you need to know about the new bankruptcy law and includes even better resources. Don't get desperate -- get out of debt instead! Discover how to * Weigh the consequences of bankruptcy * Manage your spending * Find professional help you can trust * Decide on the right type of bankruptcy * Pass the means test * Keep more of your stuff
This clear and concise paperback offers easily understood explanations that demystify important bankruptcy topics without oversimplifying them. Inside Bankruptcy Law: What Matters and Why, Second Edition, helps students absorb the nuances of bankruptcy issues by explaining the essential topics so that they can understand not only the law itself, but also what makes it interesting and important. This invaluable study aid makes the law comprehensible for students. It effectively * Solidifies students' understanding of the essentials of the course without attempting to list exhaustive citations, cover every minor twist of legal doctrine, or distill every topic down to outline form or simple rules. * Straightens out misconceptions, enabling students to gain a deeper understanding of class discussions and readings. * Includes features to enhance learning and to facilitate use: **Overview: Each chapter starts with a brief introduction that positions the topic within the course, so that from the beginning students understand both what the topic is about and why it matters. **Key Terms: Essential terminology is highlighted and defined at first use so that students can test their understanding. **FAQs: Students' frequently asked questions are spelled out and given straightforward answers to clear up the most common mistakes and misconceptions. ** Sidebars: These boxes serve a variety of purposes, as each author chooses: explain terminology, offer additional insights, provide study tips or practice pointers, etc. **Graphics: Charts, cartoons, and other visual material illustrate concepts, replicating the use of visual aids employed by effective law teachers in the classroom. **Connections: Each chapter ends with a brief section that connects the material to other chapters, encouraging students to consider "Where have I been?" and "Where am I going?" Updated throughout, the Second Edition features: Federal Jurisprudence: Updated case law that reflects important developments in Supreme Court jurisprudence and other federal courts and circuit courts of appeal, following the body of law that has developed to interpret the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) of 2005. Means Testing: Revamped coverage of the means test in Chapter 10 – one of the most controversial and confusing subjects to have emerged from the 2005 Amendments. Charts and Tables: Updated charts, tables and examples using current statutory amounts that reflect cost of living and inflation adjustments. Commercial Trends: Expanded discussion of trends in Debtor-in-Possession financing and market conditions after the recession of 2008-2010.
According to the US Courts Bankruptcy Statistics Web site, more than 801,000 bankruptcies were filed with U.S. courts in 2007, with almost 97 percent of those being personal, non-business filings. The volume of those who face the stress that coincides with bankruptcy filing continues to grow and it can be hard to discern between the six different forms of common bankruptcy and how each might affect you or your business. This book was written with the goal of providing a complete handbook to understanding the complex bankruptcy laws of the United States in an easy-to-read format that will allow you to move forward in your life, either through the bankruptcy process or through viable financial alternatives that help you to avoid filing. Before you even approach the bankruptcy process, you will learn if there is anything left you can do to salvage your finances. You will learn how to manage existing debt in avoidance of bankruptcy and how to handle debt collectors, and also acknowledging which of the debts that you hold are the most important. You will learn how to decide when bankruptcy is the best or only option left at your disposal, including what a bankruptcy actually entails, from the first piece of paperwork you sign to the lasting effect it has on your credit. You will learn how to deal with the emotional and social implications of bankruptcy and also what aspects of your life will immediately change as a result. The six different kinds of bankruptcies are outlined in full detail with walkthroughs of what each format offers and when you can utilize them to your advantage. Specifically, detailed instructions for liquidating debt with a Chapter 7 bankruptcy and using a Chapter 13 bankruptcy to rebuild your life are given as well in their own chapters. You will learn what it takes to find and utilize a qualified consumer bankruptcy attorney and exactly what to expect throughout the process. For businesses that are navigating the complex corridor of bankruptcy filing, information is provided about the specific processes you must follow for your specific kind of business. You will learn how to choose which Chapter to file under and what you must do to protect your personal assets during a business bankruptcy. Finally, a special section is included to guide you through the harrowing post-bankruptcy process, helping you to rebuild your credit after the process with a timeline of how long you can expect to wait before you start to regain the standing you originally had. You will be given details and tips on how to manage your finances in the future, and interviews taken from bankruptcy experts and individuals with personal experience will help you know exactly what you can expect before, during, and after your bankruptcy. For anyone at the point in their life where they are considering a bankruptcy to solve their financial problems, this guide is a must have tool, providing an easy to read, comprehensive overview of the entire process.
What actually happens during the bankruptcy process--everything--explained in straightforward language. Describes the legal, credit, and psychological impact upon the debtor, major events in a bankruptcy, and pre-bankruptcy considerations for both the potentially bankrupt and the credit manager concerned with the possibility of a customer filing bankruptcy. Discusses how to determine whether or not to file for bankruptcy, types of bankruptcy (liquidation, reorganization, family farmer, and wage earner), the major players in bankruptcy proceedings, how and where to file, and what documents are needed. Complete with numerous standard forms.
Bankruptcy Law in Context provides a fresh approach to the study of bankruptcy law through the illustration of bankruptcy issues in typical required doctrinal courses. Students learn the bankruptcy concepts by studying them in the context of materials they already mastered as part of their required law school curriculum. In addition, this title allows for a bankruptcy course to be taught as a capstone, providing a good summary and review of these foundational topics in the context of a body of law that frequently intersects with other areas of law. Key Features: An overview of fundamental doctrinal courses Problems at end of each chapter that build upon each other throughout the book Treatment of fundamental bankruptcy concepts within the context of other areas of law Professors and students will benefit from: A unique approach, that focuses not just on the bankruptcy code but on its interaction with other areas of the law. This appeals not only to students interested in bankruptcy practice, but also to students seeking a way to connect the law school curriculum or to review previously learned areas of law in preparation for the bar examination and practice A review of core doctrinal concepts An understanding of basic bankruptcy concepts Discussion of statutory interpretations throughout book Concluding problems to each chapter that bring together concepts
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