The ABCs of Debt

The ABCs of Debt
Author: Stephen P. Parsons
Publisher: Aspen Publishing
Total Pages: 1077
Release: 2019-02-11
Genre: Law
ISBN: 1543809707

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Using a hands-on approach, The ABCs of Debt: A Case Study Approach to Debtor/Creditor Relations and Bankruptcy Law, Fifth Edition bridges the difference between understanding bankruptcy concepts and applying them with confidence. Parsons begins with the premise that the specialized study of bankruptcy requires an adequate foundation in other aspects of debtor/creditor relations. This foundational knowledge is reinforced by realistic, current case studies that introduce, explain, and illustrate bankruptcy law and procedure. Students see how a bankruptcy case unfolds, from the moment a debtor makes contact with a lawyer until the case is closed. That chronological, step-by-step approach is used to study cases filed under Chapter 7, Chapter 13, and Chapter 11. This book aspires not just to teach students ‘‘about’’ bankruptcy, but also to teach them how to ‘‘do’’ bankruptcy. Broad coverage includes bankruptcy law, debt creation, secured transactions, the law of liens, and debt collection. New to the Fifth Edition: Updated to reflect significant court decisions regarding debt collection and bankruptcy including: Czyzewski v. Jevic Holding Corp. which struck down structured settlements regarding a Chapter 11 debtor that conflict with §507 priorities unless affected creditors consent Midland Funding, LLC v. Johnson, U.S. holding that filing of a time barred proof of claim does not amount to a false, deceptive, misleading, unfair, or unconscionable debt collection practice within the meaning of the Fair Debt Collection Practices Act Lamar, Archer & Cofrin, LLP, v. Appling, holding that a materially false statement in writing about a single asset can be a “statement respecting the debtor’s financial condition,” rendering debt related to the asset nondischargeable under §523(a)(2)(B) Epic Systems Corp. v. Lewis holding that private-sector non-union employers can use class action arbitration waiver provisions to bar employees from joining in a class action or collective arbitration to contest alleged wage and hour violation Updated references pertaining to the Consumer Financial Protection Bureau and the Department of Education (student loans), payday lending, and car loans Analysis of the causes of bankruptcy for those age 65 and older Demonstration bankruptcies moved to appendices for easy reference Revised case studies comply with the latest amendments to the official bankruptcy forms in effect at the time of publication including the important new Form B113, Chapter 13 Plan approved by the U.S. Judicial Conference in 2017 Professors and students will benefit from: Realistic Case Studies that add a strong skill-building component to any study of bankruptcy law Problem-Hypotheticals in which students apply concepts to realistic situations Learn-by-Doing exercises, examples, and illustrations A sequential organization of bankruptcy topics that mirrors practice Ethical Considerations that highlight relevant ethical or professional challenges presented by the topic under discussion Chapter summaries, review questions, and sample forms View from the Bench case excerpts, accompanied by Applying the Law exercises, that link doctrine to practice Engaging and informative text boxes Key Concepts at the start of each chapter Complete Case Files for both case studies—provided for students on the companion website at WKLegaledu.com/Parsons-Debt5 and referred to throughout the chapters that make up Part B To Learn More (TLM) activities for each chapter—available on the companion website—designed to challenge and enable the student to do further research on issues raised in the text or to consult additional resources for further learning

Consumer Bankruptcy Law in Focus

Consumer Bankruptcy Law in Focus
Author: Stephen P. Parsons
Publisher: Aspen Publishing
Total Pages: 1016
Release: 2016-09-20
Genre: Law
ISBN: 1454876328

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As part of the In Focus Casebook Series, Consumer Bankruptcy Law In Focus, offers a comprehensive, practice-oriented approach to the legal and practical aspects of consumer bankruptcy. By providing real world scenarios throughout, the text gives students numerous opportunities to apply what they are learning, and solidify their understanding of important concepts. Clear explanatory text, case previews and case follow ups further clarify the doctrine and aid in student understanding of concepts. With its focus on consumer bankruptcy, this text begins by distinguishing between secured and unsecured debt, non-consensual liens, and more, before acquainting students with the bankruptcy code, rules and official forms. It then follows two different bankruptcy cases from the filing of the petition and determination of the applicable commitment period through to final discharge. Finally, the text looks at Chapter 12 bankruptcy proceeding before delving into some of the thornier jurisdictional and procedural issues that can arise in a modern bankruptcy cases. The purchase of this Kindle edition does not entitle you to receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. In order to receive access to the hypothetical questions complemented by detailed explanations found in the Examples & Explanations, you will need to purchase a new print casebook.

Business Bankruptcy Law in Focus

Business Bankruptcy Law in Focus
Author: Daniel A. Austin
Publisher: Aspen Publishing
Total Pages: 851
Release: 2016-09-20
Genre: Law
ISBN: 1454876115

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As part of the In Focus Casebook Series, Business Bankruptcy Law In Focus, offers a comprehensive, practice-oriented approach to the legal and practical aspects of business bankruptcy. By providing real world scenarios throughout, the text gives students numerous opportunities to apply what they are learning, and solidify their understanding of important concepts. Clear explanatory text, case previews and case follow ups further clarify the doctrine and aid in student understanding of concepts. With its focus on business bankruptcy, this text begins by reviewing the basics of business entities and debt along with essential business bankruptcy concepts, then moves onto covering powers of debtor in possession, drafting and confirming a plan of reorganization, evolving forms of business bankruptcy (e.g. liquidation of assets, prepackaged and pre-negotiated, structured dismissals, etc.). It then introduces cross-border insolvencies under Chapter 15 of the Code, bankruptcy jurisdiction, including core and noncore proceedings following the Supreme Court decision in Stern v. Marshall. Features: Fresh approach that uses selected cases to illustrate key developments in the law and to show how courts develop and apply doctrine Approachable manner and assessment features provide an experiential environment for students Hands-on approach encourages students to apply concepts to real-world scenarios, offer many opportunities for students to apply their knowledge Assessment features include: Real Life Applications Applying the Concepts Case Previews and Post Case Follow Ups The purchase of this Kindle edition does not entitle you to receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. In order to receive access to the hypothetical questions complemented by detailed explanations found in the Examples & Explanations, you will need to purchase a new print casebook.

Consumer Bankruptcy

Consumer Bankruptcy
Author: David Gray Carlson
Publisher:
Total Pages: 652
Release: 2013
Genre: Bankruptcy
ISBN: 9781600423826

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The third edition of Consumer Bankruptcy is a case book designed for a two- or three-unit law school course focusing solely on the unique issues that arise under the United States Bankruptcy Code when an individual with primarily consumer debts files for bankruptcy. The book fully explores the complexities introduced in 2005 with the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act, legislation that clearly sets out consumer bankruptcies as a very technical sub-specialty in the field of bankruptcy. Covered in this book are the barriers to entry by a consumer into chapter 7 liquidation, issues relating to discharge of debt, chapter 13 plans and chapter 13 cases converted to chapter 7. About the author: David Gray Carlson is Professor of Law at the Benjamin N. Cardozo School of Law. He is the author of a treatise on secured credit in bankruptcy and of over sixty law review articles on various aspects of bankruptcy and debtor-creditor law. Five of these articles concern the effect of the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act, which revolutionized the law of consumer bankruptcies. He has taught a basic bankruptcy course for 25 years, before concluding that consumer bankruptcies had become such a sub-specialty that it is better taught in a course separate from the basic course. Besides teaching at Cardozo Law School, Carlson has taught at George Washington University Law School, University of Miami Law School, University of Michigan Law School and Washington & Lee School of Law.

Debt's Dominion

Debt's Dominion
Author: David A. Skeel Jr.
Publisher: Princeton University Press
Total Pages: 296
Release: 2014-04-24
Genre: Business & Economics
ISBN: 1400828503

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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.

Consumer Bankruptcy Law and Practice

Consumer Bankruptcy Law and Practice
Author: Henry J. Sommer
Publisher:
Total Pages: 284
Release: 1996
Genre: Law
ISBN:

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Kept up to date by cumulative supplements and updated disks.

Consumer Bankruptcy Law and Practice

Consumer Bankruptcy Law and Practice
Author: Henry J. Sommer
Publisher:
Total Pages: 1048
Release: 2000
Genre: Bankruptcy
ISBN:

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This CD-Rom contains all of the material found in this new edition's appendices, index, and table of contents, not just in word processing format, but also in PDF (Acrobat) format ... The CD-Rom also continues to contain Law Disk's Bankruptcy Forms Disk software that allows users to complete petitions, schedules, and statements on their wordprocessor.