An Introduction to Bankruptcy Law PDF Download

Author: Martin A. Frey
Publisher:
ISBN: 9780314001917
Category : Law
Languages : en
Pages : 700

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Author: David A. Skeel Jr.
Publisher: Princeton University Press
ISBN: 1400828503
Category : Business & Economics
Languages : en
Pages : 296

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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: Mary Eschelbach Hansen
Publisher: University of Chicago Press
ISBN: 022667973X
Category : Business & Economics
Languages : en
Pages : 237

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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: Thomas H. Jackson
Publisher: Beard Books
ISBN: 9781587981142
Category : Law
Languages : en
Pages : 304

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A careful analysis of the fundamentals of bankruptcy law.

Author: Charles Jordan Tabb
Publisher:
ISBN: 9781634599276
Category : Bankruptcy
Languages : en
Pages : 0

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"[This book provides an] analysis and discussion of every aspect of bankruptcy law, including an overview of bankruptcy; invoking bankruptcy relief (with a very detailed explanation of the means test); the automatic stay; jurisdiction and procedure; property of the estate; trustee's avoiding powers; payment of claims; executory contracts and unexpired leases; exemptions; discharge; reorganization under Chapter 11; debt adjustments under Chapter 13; debt adjustments under Chapter 12; and cross-border cases under chapter 15. The 2005 BAPCPA amendments and the extensive case law thereunder are explained and critiqued. All relevant Supreme Court cases through the 2015 Term are discussed in depth, including, for example, Stern, Wellness, Arkison, Caulkett, Schwab, Ransom, Lanning, Baker Botts, and many more."--

Author: Francis Regis Noel
Publisher: Washington, D.C. : C.H. Potter
ISBN:
Category : Bankruptcy
Languages : en
Pages : 222

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Author: Harold Remington
Publisher:
ISBN:
Category : Bankruptcy
Languages : en
Pages : 976

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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: Henry Campbell Black
Publisher:
ISBN:
Category : Bankruptcy
Languages : en
Pages : 936

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Author: Orlando Bump
Publisher:
ISBN:
Category : Bankruptcy
Languages : en
Pages : 1050

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