Bankruptcy

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This classic student text, used by tens of thousands of law students for over 45 years has been revised to reflect changes in case law, changes in bankruptcy practices, and changes in bankruptcy casebooks. Today's bankruptcy courses are now much more than just the automatic stay, avoiding powers, and discharge. As bankruptcy classes have become more comprehensive, more students have found this book helpful in comprehending reading assignments, class discussions, and exam questions.

n this text leading scholars explore the landmark decisions that shape modern bankruptcy law and practice. Ten short and accessible chapters provide students with an understanding of the institutional, economic, and social forces that shape our bankruptcy system. The cases cover corporate, individual, and transnational bankruptcy and illustrate the role that the Solicitor General plays in shaping bankruptcy law. The book focuses on the ways lawyers have operated within the parameters set by the bankruptcy code, such as establishing the Manville Asbestos Trust.

The road map through the bankruptcy process charts a route with the following
landmarks: A bankruptcy case filed by a person is called the case or main case.
Lawsuits within the case are proceedings or adversary proceedings. The journey
commences with the filing of a petition by a person or, more rarely, against a person in
the event of an involuntary filing. This petition is an order for relief under the Code,
triggering a number of rights and obligations, including an automatic stay, which
prevents a wide range of actions against a debtor or its property. Also, with the filing
of a case, an estate is created that includes all assets of a debtor that can become
subject to the claims of creditors.

Use of this book assists bankruptcy law professors in transforming podium courses into ABA-required experiential learning opportunities. As bankruptcy professors understand, the complexity of debtor-creditor law can dismay students as they work to figure out how to put together the puzzle pieces that comprise this complex, multi-layered area of practice. The laws, procedural rules, official forms, and complicated relationships between and among creditors and debtors combine to create mosaics of intricate patterns – or webs for malpractice claims. This book helps law students put together the interconnected pieces of consumer debtor- or creditor-focused law practice – with simulation exercises introducing students to the Official Forms, guiding them through multiple creditors’ claims, and supporting them in developing as trustees, consumer debtor’s lawyers, or various creditors’ lawyers. The fact-based exercises provide multiple opportunities to develop writing ability, ethical client counseling skills, and an understanding of how to use bankruptcy laws, rules, procedures, and forms.

Nickles and Epstein’s Black Letter Outline on Bankruptcy and Related Law helps law students recognize and understand the basic principles and issues of law covered in law school courses. This Black Letter outline can be used both as a study aid when preparing for classes and as a review of the subject matter when studying for an examination. Coverage includes: Extrajudicial collection devices Judicial debt collection Fraudulent transfers Creditors with special rights Debtor's state law remedies and the Collective Creditor Act Commencement, conversion, and dismissal of a bankruptcy case Stay of collection actions Property of the estate Exemptions A Text Correlation Chart outline is cross-referenced to the leading casebooks on creditors’ rights and bankruptcy.

Developing Professional Skills: Bankruptcy is designed to give students the type of assignments they can expect to receive as first or second year associates. These assignments range from thorny questions requiring analysis of the law and memo drafting, to reviewing and proofreading a motion “sloppily” drafted by another lawyer. These skills are not typically taught in law school, but they are indispensable in practice. The book includes 12 exercises, some substantive and some extremely practical. The exercises are also designed to get students to write, and write and write, in a variety of contexts, for a variety of audiences. Some of the exercises expose students to the Official Bankruptcy Forms as a way of getting them to think about the information required to be disclosed in a bankruptcy case and the big picture issues implicated. Each exercise requires students to keep track of and “bill” their time. Particularly in consumer bankruptcy practice (but also in business practice, which may involve intense fee scrutiny) it is important to be mindful of how much a task, project or issue costs to resolve.

Widely cited and authoritative, Elements of Bankruptcy provides a comprehensive introduction to the basic principles of bankruptcy law. In addition to covering foundational questions such as the fresh start for individuals, property of the estate, executory contracts, adequate protection, preferences, and fraudulent conveyances, this book also covers such cutting-edge issues such as debtor-in-possession financing, plan support agreements, carve-outs, credit-bidding, and first-day orders. The sixth edition also takes stock of the developments in bankruptcy in the wake of the 2008 financial crisis, including the rise of municipal bankruptcies in Detroit and elsewhere, as well as developments from the Supreme Court, including the fallout from Stern v. Marshall and Executive Benefits Insurance Agency v. Arkison.

This audio discussion is designed for students who are about to take their final exam in a bankruptcy course and need help in: •Understanding bankruptcy concepts;•Seeing the relationship between various bankruptcy concepts;•Organizing what they read for class and heard in class;•Anticipating what might be asked on their exam; and•Structuring possible exam answers Because some professors emphasize business bankruptcy and some professors emphasize consumer bankruptcy, the audio and accompanying material are divided into (1) bankruptcy concepts that will be important in an exam question on business bankruptcy, (2) bankruptcy concepts that will be important in exam questions on consumer bankruptcy and (3) bankruptcy concepts that will be important in all exam questions. Student study time is limited and precious and this division enables them to focus on what their individual professor has focused on.

This up-to-date overview of Bankruptcy Law will help you prepare for success in the classroom and on your exam. This study guide begins with an 85-page Capsule Summary that covers the basics of this complicated topic in brief. The Capsule Summary is followed by a detailed outline, which runs over 400 pages. Examples are used throughout the text to illustrate especially complex elements of the Bankruptcy Code. The Capsule Summary and Outline are augmented by over 130 yes/no questions and several short-answer questions, which will help you reinforce and test your knowledge. Correct answers—along with insightful explanations—are included for each sample test question.

This title contains briefs for each major case in Warren's casebook on The Law of Debtors and Creditors. These briefs will help you identify, understand, and absorb the core knowledge points from each case. They are followed by legal analysis, providing contextual background about each case, and connecting the case to the broader concepts developed throughout the casebook. This title also supplies case vocabulary, with definitions of new or unusual legal words found throughout the cases. Finally, to enhance your recall, there is a corresponding memory graphic for each brief that portrays a visual representation of the relevant facts or law of the case.

This comprehensive text provides an exhaustive 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.

This book focuses on the material covered in a typical law school course on Bankruptcy. It covers both business and consumer bankruptcy. The book explains basic bankruptcy concepts and then uses those concepts to make code provisions understandable

Bankruptcy is a complicated subject that covers a lot of ground. Bankruptcy lawyers can be found on Main Street and Wall Street. This efficient and effective guide to Bankruptcy will help you see the big picture. The authors focus on explaining the key concepts or building blocks that apply in any type of bankruptcy case, and then help you see those concepts in action in cases under the different chapters of the Bankruptcy Code, in proceedings ranging from individual consumer debtors in Chapter 7 or 13 to Fortune 500 Corporations in Chapter 11. To make the learning process more bearable, the authors have also infused the book with humor. Each of the authors is nationally-renowned law teacher who has practiced and taught Bankruptcy for many years. One of them is even a former bankruptcy judge. Based on that experience, in this book they have set forth understandable techniques for mastering the law governing bankruptcy law, procedure, and real-world practice (in an exceedingly attractive manner).

Sum & Substance Audio Series provide you with dynamic lectures from gifted law professors whose years of teaching experience enable them to express even the most complex ideas clearly and succinctly. Also provided are exam tips to maximize your performance. These audio lectures are time saving, convenient and effective.