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Author: Stephen J. Lubben Publisher: Edward Elgar Publishing ISBN: 180037920X Category : Law Languages : en Pages : 257
Book Description
The second edition of the first and only concise introduction to American business insolvency law, this volume provides a succinct overview of American business bankruptcy as it is actually practiced, integrating the law as written and implemented, and now includes coverage of the Small Business Reorganization Act.
Author: Stephen J. Lubben Publisher: Edward Elgar Publishing ISBN: 180037920X Category : Law Languages : en Pages : 257
Book Description
The second edition of the first and only concise introduction to American business insolvency law, this volume provides a succinct overview of American business bankruptcy as it is actually practiced, integrating the law as written and implemented, and now includes coverage of the Small Business Reorganization Act.
Author: Mary Eschelbach Hansen Publisher: University of Chicago Press ISBN: 022667973X Category : Business & Economics Languages : en Pages : 237
Book Description
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.
Author: Edward J. Balleisen Publisher: Univ of North Carolina Press ISBN: 0807875503 Category : History Languages : en Pages : 346
Book Description
The "self-made" man is a familiar figure in nineteenth-century American history. But the relentless expansion of market relations that facilitated such stories of commercial success also ensured that individual bankruptcy would become a prominent feature in the nation's economic landscape. In this ambitious foray into the shifting character of American capitalism, Edward Balleisen explores the economic roots and social meanings of bankruptcy, assessing the impact of widespread insolvency on the evolution of American law, business culture, and commercial society. Balleisen makes innovative use of the rich and previously overlooked court records generated by the 1841 Federal Bankruptcy Act, building his arguments on the commercial biographies of hundreds of failed business owners. He crafts a nuanced account of how responses to bankruptcy shaped two opposing elements of capitalist society in mid-nineteenth-century America--an entrepreneurial ethos grounded in risk taking and the ceaseless search for new markets, new products, and new ways of organizing economic activity, and an urban, middle-class sensibility increasingly averse to the dangers associated with independent proprietorship and increasingly predicated on salaried, white-collar employment.
Author: Mark S. Scarberry Publisher: West Academic ISBN: 9780314271303 Category : Law Languages : en Pages : 1207
Book Description
This thoroughly updated casebook is designed for Chapter 11 bankruptcy courses, and it is also suitable for general courses focusing on business bankruptcy. The fourth edition retains the basic approach of the earlier editions. It presents a hypothetical company in some detail (including financial statements) and follows that company through the process of reorganization, from attempted workout to plan confirmation. It provides students with the foundation for a business bankruptcy practice: a solid grounding in the law; an orientation to the business issues; and a step-by-step view of the process that may be able to rescue a financially distressed business, either by a traditional reorganization or a sale of the business as a going concern. The treatment of the avoiding powers has been particularly strengthened
Author: Jagdeep S. Bhandari Publisher: Cambridge University Press ISBN: 9780521457170 Category : Business & Economics Languages : en Pages : 584
Book Description
This collection is the first comprehensive selection of readings focusing on corporate bankruptcy. Its main purpose is to explore the nature and efficiency of corporate reorganization using interdisciplinary approaches drawn from law, economics, business, and finance. Substantive areas covered include the role of credit, creditors' implicit bargains, nonbargaining features of bankruptcy, workouts of agreements, alternatives to bankruptcy, and proceedings in countries including the United States, United Kingdom, Europe, and Japan. The Honorable Richard A. Posner, Chief Judge of the U.S. Court of Appeals for the Seventh Circuit, offers a foreword to the collection.
Author: Bruce H Mann Publisher: Harvard University Press ISBN: 0674040546 Category : History Languages : en Pages : 353
Book Description
Debt was an inescapable fact of life in early America. At the beginning of the eighteenth century, its sinfulness was preached by ministers and the right to imprison debtors was unquestioned. By 1800, imprisonment for debt was under attack and insolvency was no longer seen as a moral failure, merely an economic setback. In Republic of Debtors, authorBruce H. Mann illuminates this crucial transformation in early American society.
Author: David A. Skeel Jr. Publisher: Princeton University Press ISBN: 1400828503 Category : Business & Economics Languages : en Pages : 296
Book Description
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.
Author: Kevin J. Delaney Publisher: Univ of California Press ISBN: 0520073592 Category : Business & Economics Languages : en Pages : 232
Book Description
In probing the Chapter 11 bankruptcies of Johns-Manville, Frank Lorenzo's Continental Airlines and Te×aco, the author shows not only that bankruptcy is pursued by managers more and more as a strategy, but that it is becoming accepted by the business community as a viable option and not just a last-ditch solution.
Author: Bruce G. Carruthers Publisher: Oxford University Press on Demand ISBN: 9780198264729 Category : Law Languages : en Pages : 582
Book Description
Corporate bankruptcy is a defining characteristic of the market economy. It encapsulates the fundamental conflicts between capital and labour, owners and managers, debtors and creditors, the state and the market. Yet, with one or two notable exceptions, the political and social dynamics ofbankruptcy law and practice have been overlooked by serious socio-legal scholars. This book remedies that neglect. Adopting an approach that compares English and American law, the authors identify the underlying political forces that established corporate bankruptcy law on both sides of the Atlantic. The book demonstrates how, by a recursive loop of professional self-interest,corporate insovency regulation is the creation of the lawyers who interpret and administer it. This book will be welcomed as an important sociological study and advances our understanding of how substantive law results from conflicts among the professionals who help to create it.
Author: David G. Epstein Publisher: ISBN: 9781628100198 Category : Bankruptcy Languages : en Pages : 0
Book Description
Together, the four co-authors have taught bankruptcy courses at more than 20 very different law schools; one of them sat as a bankruptcy judge for nine years; and all four have substantial practice experience. Drawing on their diverse experience, they have prepared original text, problems, and edited cases with three goals in mind: (1) introduce students to one new bankruptcy concept at a time, (2) show students the connection among the various concepts and (3) give the students a sense of how these bankruptcy concepts are utilized in both the smallest personal and largest business bankruptcy cases.
Author: Stephen J. Lubben
Author: Stephen J. Lubben
Author: Mary Eschelbach Hansen
Author: Edward J. Balleisen
Author: Mark S. Scarberry
Author: Jagdeep S. Bhandari
Author: Bruce H Mann
Author: David A. Skeel Jr.
Author: Kevin J. Delaney
Author: Bruce G. Carruthers
Author: David G. Epstein