Bankruptcy Law: Principles, Policies, and Practice

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LexisNexis, 2010 - Bankruptcy - 882 pages
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Bankruptcy Law: Principles, Policies, and Practice puts bankruptcy law in context, illuminating the evolution of the Bankruptcy Code with an exploration of current and historical non-bankruptcy remedies. The book continually approaches each topic through the goals of creditors and debtors, exploring how each is served in various parts of the Code. Extensive questions and numerous problems focus student attention on the mechanics of the bankruptcy process. But they do so through the lens of history and policy, and they explain why the law is the way it is. The Third Edition has been revised extensively throughout to reflect changes in the law and its underlying philosophy, as well as significant new case law developments. In addition, a new chapter adds coverage of bankruptcy jurisdiction. The authors' aim in designing the casebook was to provide a very accessible medium for introducing students to bankruptcy law in a sophisticated manner. As the title indicates, the emphasis is on the relationship between the core principles essential to an understanding of the law, the policies animating those principles, and the challenges presented by the effectuation of those principles and policies in bankruptcy practice. In its methodology, Bankruptcy Law: Principles, Policies, and Practice relies on a variety of expository tools-textual discussion, comprehension questions, problems, cases and thought / discussion questions-all with a careful eye toward building upon previous materials and concepts. Economy of presentation is the hallmark of the casebook, but the Teacher's Manual picks up where the casebook leaves off. The Teacher's Manual is consciously drafted (in both organization and voice) as a set of detailed teaching notes.
 

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Contents

CONVERSION AND DISMISSAL
1
A INTRODUCTION AND OVERVIEW
6
CORE AND NONCORE JURISDICTION
Nature and Purposes of Bankruptcy Relief
INVOKING BANKRUPTCY RELIEF
CHAPTER 7 OR
E COMMENCEMENT OF AN INVOLUNTARY CASE
AUTOMATIC STAY
B TRUSTEE AS SUCCESSOR TO ACTUAL CREDITORS
2
FRAUDULENT TRANSFERS
EXEMPTIONS
PROCEDURE
E EXEMPTION PLANNING AND HOMESTEAD LIMITATIONS
REORGANIZATION
OPERATIONAL ISSUES

EXCEPTIONS
UNSECURED CLAIMS
B ALLOWANCE OF CLAIMS
DISTRIBUTIONS ON ACCOUNT OF UNSECURED CLAIMS
E SUBORDINATION
Dismissal for Abuse and
STRIP DOWN OF AN UNDERSECURED CREDITORS CLAIM
THE CLASH WITH
RELIEF FROM STAY AND ADEQUATE
AVOIDING POWERS
CONFIRMATION OF A PLAN OF REORGANIZATION
THE NEW CHAPTER 3 REORGANIZATION?
JURISDICTION AND PROCEDURE
Table of Cases
Table of Statutes
Index
b Secured Debts
Question
Copyright

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