Creditors and the New Bankruptcy Code PDF Download

Author: William R. Mapother
Publisher:
ISBN:
Category : Bankruptcy
Languages : en
Pages : 264

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Book Description

Author: Sally M. Henry
Publisher: American Bar Association
ISBN: 9781590318706
Category : Law
Languages : en
Pages : 680

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Book Description
This new Second Edition of The New Bankruptcy Code reports on the changes Congress made to bankruptcy laws in 2005 by taking a look at reported case law, unreported cases, and pulled orders, and also offers answers to commonly-asked questions. This essential guidebook, written in an engaging question and answer format, is a must-have for practitioners in the trenches.

Author: Patrick A. Murphy
Publisher: McGraw-Hill Companies
ISBN:
Category : Bankruptcy
Languages : en
Pages : 1228

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Book Description

Author: Brian A. Blum
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 616

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Book Description
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

Author: Richard F. Broude
Publisher: Law Journal Press
ISBN: 9781588520340
Category : Business & Economics
Languages : en
Pages : 1314

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Book Description
Reorganizations Under Chapter 11 of the Bankruptcy Code is the most complete and up-to-date one-volume treatment of this important business-planning tool. It contains a thorough discussion of Chapter 11 law and practice, including significant changes in: exclusivity; key employee retention plans; pre-petition severance pay; the debtor's ability to retain turnaround specialists; conversion and dismissal of cases; the obligation of creditors' committees to share information with members of the constituencies; and the way in which small business and single-asset real estate cases are conducted. This authoritative volume also brings you legal analysis and practical guidance on such subjects as: bankruptcy court jurisdiction; voluntary and involuntary petitions; creditors' committees; managing and operating the debtor and its business, including obtaining post-petition financing; treatment of secured creditors; dealing with executory contracts and unexpired leases; filing and allowance of proofs of claims and interests; the content, modification and confirmation of plans of reorganization, including a discussion of how claims may be classified; the effect of plan confirmation; and post-confirmation appeals and plan consummation. Reorganizations Under Chapter 11 of the Bankruptcy Code will keep you current on the latest statutory and regulatory developments while briefing you on the often conflicting decisions handed down by the courts

Author: Douglas J. Whaley
Publisher: Aspen Publishing
ISBN: 1543820611
Category : Law
Languages : en
Pages : 567

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Book Description
This straightforward, student-friendly book combines a popular problems approach with a well-balanced mix of text and cases to build a solid, nuts-and-bolts introduction to the Bankruptcy Code, statutory rules, and issues of bankruptcy law. Its sensible organization allows instructors to tailor coverage to their own approach. The seventh edition benefits from the addition of a new coauthor, Professor Bradley, of the University of Kentucky. New to the Seventh Edition: For this edition, the text has been completely rewritten, primarily by Professor Bradley, and the focus is now heavily on preparing attorneys for the real world problems they will encounter in a practice that focuses on bankruptcy and other debtor/creditor issues. There is a new chapter covering the new subchapter V of Chapter 11, which was introduced by the Small Business Reorganizations Act and which has proven very popular since it came into force in March of 2020. The book also features an extended treatment of 363 Sales, better reflecting modern practice realities as compared with how other books deal with this topic. Professors and student will benefit from: This edition has a more textual approach in explaining the difficulties of the law, adding many explanations of how to approach and handle the legal difficulties in this area as they arise. This edition features many straightforward diagrams to help students with different learning styles navigate the sometimes challenging concepts of bankruptcy law. The first chapter of this edition includes a simple but thorough summary of bankruptcy law, which makes it easier for students to place all the future chapters into context.

Author: Matthew Roy
Publisher: Independently Published
ISBN: 9781798101094
Category : Law
Languages : en
Pages : 70

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Book Description
The Basics of Bankruptcy In simple terms, bankruptcy can best be described as a federal process wherein you are allowed to close out all or some of your debt, and enables you (the debtor) to start off with a clean financial slate. Since bankruptcy is a legal process, you'll have to appear in court before a federal judge. During which, the judge, your creditors and yourself will come to an agreement as to how your debt can be cleared. This generally falls under two categories: You and your creditors can come to terms about a new payment plan in which you'll be allowed to maintain possession of all your property, but will be required to repay some or all of your debt by making payments monthly over a period of time. This is known as reorganization. The next category is referred to as liquidation. This entails your creditors sequestering all your assets that are non-exempt to aid in repaying some of your debt. The remainder of your debt is usually forgiven. Bankruptcy can be filed by businesses and individuals alike. Once you are seeking a way out of being buried by an inordinate amount of debt, whether you are a business, CEO of a company, soccer mom, or celebrity, filing for bankruptcy can possibly be an option for you. You should however keep in mind that bankruptcy does have an impact on your credit; as such, you'll find it somewhat difficult to get a loan (depending on who the lender is), even a few years after you have filed. Chapter 7 bankruptcies are by far the most common. These are liquidation bankruptcies in which the debtors must turn over all "non-exempt" property to a supervising officer known as the bankruptcy trustee. Property is exempt if it falls within specific categories of assets that debtors are allowed to keep, such as a certain amount of clothing, household items, tools for work, and in some instances, vehicles and the family home. The Chapter 7 trustee will take the debtor's non-exempt property (if there is any), and sell it. The money will be paid to the debtor's creditors. This may result in creditors receiving a small fraction of their claims. The balance of the debtor's loans and obligations are forgiven and can never be collected. Creditors who attempt to collect debts that have been discharged face severe penalties under federal law. For more inforamation click on the BUY BUTTON

Author: Lynn M. LoPucki
Publisher: Aspen Publishers
ISBN:
Category : Law
Languages : en
Pages : 1072

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Book Description
This invaluable storehouse of tactical guidance has earned unanimous praise for its practical, expert advice on securing your client's rights and achieving the best possible outcome from the bankruptcy process. Attorneys who are faced with perplexing developments in a case or are trying to plan ahead and anticipate new developments in a case -- can turn with confidence to Strategies for Creditors in Bankruptcy Proceedings to find all the possible solutions to their clients' problems. Some of the interesting strategies address: Selling the company in an LBO? Structure the transaction to insulate it from preference avoidance. -- Licensing intellectual property from a company? Structure the license to take advantage of special protections in the Bankruptcy Code. -- Considering a loan to a financially troubled company? Better dust off your DePrizio waivers. -- Mortgagees, take a close look at your security agreement you may be secured by more than just the debtor's personal residence, and that's not what you want in a chapter 13. -- Secured lenders, eliminate the possibility of a later 506(c) claim by settling early with the trustee. -- 203 North Lasalle prohibited exclusive deals to shareholders -- but new ways of avoiding it are being found. Here's how to oppose them. -- Watch for shareholder releases in the plan. If you don't object, you may be out of luck -- but the right objection can save your cause of action.

Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts and Administrative Practice
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 360

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Book Description

Author: Theodore Eisenberg
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 808

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Book Description
A law school coursebook on debtor-creditor law. The book probes the general and unifying themes of debtor-creditor law and bankruptcy. It demonstrates the relationship of Article 9 of the UCC and state debt collection doctrine.