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"Assignments for the benefit of creditors--or "ABCs"--Have evolved from small cases with claims of under $1 million to the dot-com implosion and now into a much more commonplace tool used for the expedited sales of assets, similar to [section] 363 sales under the Bankruptcy Code. The underlying principle, however, remains the same: using a neutral fiduciary to marshal, inventory and liquidate a debtor's assets in a manner that should maximize value for stakeholders. State legislatures across the country are reviewing and in many instances revising their laws governing ABCs and receiverships. Coupled with the increased use of Delaware Courts of Chancery for ABC cases, there has been an increase in court decisions about ABCs. This Fifth Edition of General Assignments for the Benefit of Creditors: The ABCs of ABCs addresses these changes and issues for insolvency practitioners to be knowledgeable about when considering the use of the ABC alternative"--Publisher's website
This manual, updated to include the new bankruptcy law, provides information on how general assignments are administered and the differences that various state laws have on the administration of the assignment estate. The guide was developed for debtor and creditor lawyers, as well as for creditor professionals who are faced with the prospect of a state law liquidation. Includes 30 pages of sample forms and checklists.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Bankruptcy attorneys will be intrigued by this early comprehensive treatment of the law governing voluntary assignments for the benefit of creditors. i.e., transfers not under the compulsion of law by debtors of their property in trust for the payment of their debts. Presentation of the subject is made in the time order in which its various aspects occur. Thousands of cases are cited along the way.
Explains the nature of assignment, commencing with a definition of assignment, before outlining and giving examples of choses in action.
Explains how intangible assets such as contractual debts or equitable entitlements may be assigned under English law.