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An Introduction to Bankruptcy Law,9780766820364
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An Introduction to Bankruptcy Law

by
Edition:
4th
ISBN13:

9780766820364

ISBN10:
076682036X
Format:
Paperback
Pub. Date:
7/23/2004
Publisher(s):
Cengage Learning
List Price: $215.33
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Summary

The authors of this publication have taken a practical approach to teaching the intricacies of bankruptcy. To promote reader comprehension, they employ step-by-step explanations and flow charts of each type of filing, supporting case examples, challenging problems to address, and the definition of new terms as they are introduced. To further enhance learning, the roles of the various parties involved in the process are described in detail, particularly the role of the paralegal. From fact gathering and interfacing with clients, to the preparation of various official forms, paralegals will come to understand their role and those of others in handling bankruptcy cases. The most up-to-date official bankruptcy forms with detailed explanations for completing them are contained within the publication, as are debtor and creditor client questionnaires. Book jacket.

Author Biography

Martin A. Frey Professor Emeritus The University of Tulsa College of Law Phyllis Hurley Frey Attorney at Law Tulsa, Oklahoma Sidney K. Swinson Attorney at Law Tulsa, Oklahoma

Table of Contents

Table of Exhibits
xx
Table of Cases
xxii
Table of Statutes and Rules
xxiii
Preface xxxi
The Evolution of Bankruptcy Law
1(8)
Brief History of Modern Bankruptcy Law
The Appearance of Bankruptcy in Early English Law
2(1)
Treatment of Bankruptcy in the United States Constitution
2(1)
Early American Bankruptcy Statutes
2(1)
The Bankruptcy Act of 1800
2(1)
The Bankruptcy Act of 1841
3(1)
The Bankruptcy Act of 1867
3(1)
The Bankruptcy Act of 1898
3(1)
The Bankruptcy Reform Act of 1978
4(1)
Amendments to the Bankruptcy Reform Act of 1978
5(2)
Future Bankruptcy Reform
7(2)
The Dual Nature of Bankruptcy as a Remedy for Both Creditors and Debtors
Bankruptcy Law and Where to Find It
9(20)
The Bankruptcy Code
The Universal Chapters
13(1)
General Provisions
14(2)
Case Administration
16(1)
Creditors, Debtor, and the Estate
17(1)
The Operative Chapters
17(1)
Liquidation
18(1)
Adjustment of Debts of a Municipality
18(1)
Reorganization
18(1)
Adjustment of Debts of a Family Farmer with Regular Annual Income
19(1)
Adjustment of Debts of an Individual with Regular Income
19(1)
The Federal Rules of Bankruptcy Procedure and Official Forms
The Federal Rules of Bankruptcy Procedure and Official Forms
20(1)
The Local Rules
21(1)
District Court Rules
21(1)
Bankruptcy Court Rules
22(2)
Bankruptcy Law Cases
Secondary Authority
Legislative History
24(1)
Digests
25(1)
Loose-leaf Services
25(1)
Treatises
25(1)
Legal Periodicals
26(1)
American Law Reports
27(1)
Legal Encyclopedias
27(1)
Internet Resources
27(2)
The Cast of Characters and Their Roles in the Bankruptcy Process
29(21)
The Debtor, the Debtor's Attorney, and the Paralegal
The Debtor
30(1)
The Debtor's Attorney
31(1)
The Paralegal
32(2)
The Bankruptcy Petition Preparer
The Creditors and Other Parties in Interest
Creditors
34(1)
Creditors Holding Secured Claims
34(3)
Creditors Holding Unsecured Priority Claims
37(1)
Creditors Holding Unsecured Nonpriority Claims
38(1)
Other Parties in Interest
39(1)
Equity Security Holders
39(1)
Indenture Trustees
39(1)
Statutory Lienholders
39(1)
Lessors
40(1)
Governmental Regulatory Authorities
41(1)
The Administrative Office of the United States Courts
The Bankruptcy Judge and Staff
The Bankruptcy Judge
42(1)
The Judge's Law Clerk, Judicial Assistant, and Courtroom Deputy
43(1)
The Court Reporter
43(1)
The Office of the Clerk of the Bankruptcy Court
The Bankruptcy Court Clerk
43(1)
The Deputy Clerks
44(1)
The United States Trustees, Private Trustees, and Examiners
The United States Trustees
45(1)
Private Trustees
46(1)
The Trustee Panel
46(1)
Eligibility to Serve as a Trustee
46(1)
Selection and Qualification
47(1)
Standing Trustees
48(1)
Other Trustees
48(1)
Paralegals
48(1)
Examiners
49(1)
Information Gathering, Analysis, Counseling, and Drafting
50(38)
The Debtor-Client
Information Gathering
52(13)
Analysis: Nonbankruptcy or Bankruptcy
65(1)
Alternatives to a Bankruptcy Filing
66(1)
Negotiation
66(3)
Consolidation Loan
69(1)
Credit Counseling
69(1)
Assignments for the Benefit of Creditors
70(1)
Bankruptcy Choices
70(1)
Liquidation
71(2)
Municipalities
73(1)
Reorganization
73(1)
Adjustment of Debts of a Family Farmer with Regular Annual Income
74(1)
Adjustment of Debts of an Individual with Regular Income
75(1)
Counseling
76(1)
Drafting of Bankruptcy Forms
76(1)
The Creditor-Client
The Causes of the Creditor's Distress
77(1)
Information Gathering
77(1)
Analysis: If the Debtor Has Filed Bankruptcy
77(1)
If the Debtor Has Filed a Chapter 7 Case
78(1)
If the Debtor Has Filed a Chapter 11 Case
78(1)
If the Debtor Has Filed a Chapter 12 Case
79(1)
If the Debtor Has Filed a Chapter 13 Case
79(1)
Analysis: Alternatives If the Debtor Has Not Filed Bankruptcy
80(1)
Private Alternative
80(1)
State Court Alternatives
80(1)
Prejudgment Garnishment
81(1)
Attachment
81(1)
Receivership
81(1)
UCC § 2--702
81(1)
Replevin
82(1)
Self-Help Repossession
82(1)
Disposition of Collateral
82(1)
Retention of Collateral
82(1)
Cognovit Judgment
82(1)
Judgment Lien
82(1)
Execution Lien
83(1)
Execution Sale
83(1)
Creditor's Bill
83(1)
Supplementary Proceedings
83(1)
Postjudgment Garnishment
83(1)
Fraudulent Conveyance
83(1)
Consensual Lien
83(1)
Equitable Lien
83(1)
Involuntary Bankruptcy Choices
84(1)
Involuntary Chapter 7---Liquidation
84(1)
Involuntary Chapter 11---Reorganization
84(1)
Counseling
85(1)
Counseling the Creditor-Client
85(1)
Drafting Bankruptcy Forms
85(1)
The Debtor-Client in an Involuntary Bankruptcy
Information Gathering
85(1)
Analysis
86(1)
Counseling
86(2)
The Voluntary Chapter 7 Bankruptcy (Liquidation)
88(210)
The Initiation of a Chapter 7 Case
The Filing of the Petition
The Debtor's Petition (Official Form No. 1)
103(9)
The Filing Fee
112(3)
The Clerk's Notice
115(2)
Corporate Resolution Authorizing Filing of Chapter 7
117(1)
Disclosure of Attorney's Compensation Statement
118(3)
The List of Creditors
121(1)
Schedules (Official Form No. 6)
122(1)
Schedule A: Real Property
122(3)
Schedule B: Personal Property
125(10)
Schedule C: Property Claimed as Exempt
135(2)
Schedule D: Creditors Holding Secured Claims
137(5)
Schedule E: Creditors Holding Unsecured Priority Claims
142(6)
Schedule F: Creditors Holding Unsecured Nonpriority Claims
148(4)
Schedule G: Executory Contracts and Unexpired Leases
152(2)
Schedule H: Codebtors
154(2)
Schedule I: Current Income of Individual Debtor(s)
156(3)
Schedule J: Current Expenditures of Individual Debtor(s)
159(4)
The Schedule of Current Income and Current Expenditures of a Partnership or Corporation
163(3)
Declaration Concerning Debtor's Schedules
166(2)
Statement of Financial Affairs
168(22)
Statement of Intention If the Debtor Is an Individual with Consumer Debts
190(2)
Debtor's Duty to Supplement the Schedules
192(1)
Debtor's Right to Amend the Petition, Lists, Schedules, and Statements
193(1)
The Significance of Filing a Petition
The Order for Relief
194(1)
The Estate Is Created
194(1)
Property of the Estate
194(4)
Location of Property
198(1)
Property Acquired after Filing the Petition
198(2)
Contractual Provisions Limiting Transferability of Property
200(1)
Possession and Control of Property of the Estate
200(1)
Exemptions
201(1)
Exemptions under the Bankruptcy Code: State vs. Federal Exemptions
201(5)
Converting Nonexempt Property to Exempt Property
206(1)
Waiver of Exemptions and Waiver of Avoidance Powers
206(1)
The Automatic Stay
207(6)
The Appointment and Powers of an Interim Trustee
Abandon Property of the Estate
213(1)
Abandonment by the Trustee
213(1)
A Party in Interest Can Force the Trustee to Abandon
214(1)
Abandoned by Being Scheduled but Not Administered
214(1)
Assume or Reject Executory Contracts
214(1)
Avoiding Transfers
215(1)
Avoiding Unperfected Security Interests
215(5)
Avoiding Claims That an Actual Creditor Can Avoid under State Law
220(2)
Avoiding Statutory Liens That Arise on the Debtor's Bankruptcy or Insolvency
222(1)
Avoiding Prepetition Transfers of Property of the Estate to Creditors That Are Voidable Preferences
222(4)
Avoiding Prepetition Transfers of Property of the Estate That Are Fraudulent under the Bankruptcy Code
226(2)
Avoiding Postpetition Transfers of Property of the Estate Unless They Are Authorized by the Bankruptcy Code or by the Bankruptcy Court
228(2)
Proofs of Claim and Proofs of Interest
Creditors' and Indenture Trustees' Proofs of Claim
230(1)
Equity Security Holders' Proofs of Interest
230(4)
Motions and Complaints after the Order for Relief
Motions
234(1)
Motions by the Debtor
234(1)
Motion to Convert to a Chapter 11, 12, or 13
234(1)
Motion to Dismiss the Case
234(1)
Motion for a Change of Venue
234(3)
Motion to Enforce the Automatic Stay
237(1)
Motion to Avoid a Judicial Lien
238(4)
Motions by a Party in Interest
242(1)
Motion for Relief from the Automatic Stay
242(3)
Motion to Dismiss the Case
245(1)
Motion for Abstention by the Court
245(1)
Motion for a Change of Venue
245(1)
Motion for Disallowance of a Claim
245(1)
Motion for Examination of Any Entity
245(2)
Motion by the United States Trustee to Dismiss the Case
247(4)
Motion by the Court to Dismiss the Case
251(1)
Complaints
252(1)
Complaints by a Creditor
252(1)
Complaint Objecting to Debtor's Discharge
252(3)
Complaint Objecting to the Dischargeability of a Debt
255(7)
Complaint by the Trustee or the United States Trustee Objecting to Debtor's Discharge
262(1)
Complaint by the Trustee to Avoid Prepetition and Postpetition Transfers
262(1)
Complaint by the Debtor Objecting to the Dischargeability of a Debt
262(8)
Order and Notice of Chapter 7 Bankruptcy Filing, Meeting of Creditors, and Fixing of Dates
Objections by a Party in Interest to Debtor's Claim of Exemptions
Meeting of Creditors (The Section 341 Meeting) and Meeting of Equity Security Holders
The Meeting of Creditors
270(1)
Examination of the Debtor
270(1)
Election of a Trustee
270(1)
The Meeting of Equity Security Holders
271(1)
Redemption, Discharge and Reaffirmation
Redemption
271(1)
Discharge and Reaffirmation
271(1)
Revocation of Discharge
272(6)
Distribution of the Property of the Estate
Priority Claims
278(1)
Administrative Expenses
278(1)
Extension of Credit in an Involuntary Case
278(1)
Wages, Salaries, or Commissions
278(1)
Contributions to Employee Benefit Plans
279(1)
Farmer and Fishermen Claims
279(1)
Consumer Deposits
279(1)
Alimony, Maintenance, and Support Claims
279(1)
Certain Governmental Tax Claims
279(1)
Insured Depository Institution Claims
280(1)
Nonpriority Claims
280(1)
Timely Filed Unsubordinated General Unsecured Claims and Tardily Filed Unsecured Claims Where Creditor Did Not Have Notice but Proof of Claim Filed in Time to Make Payment
280(1)
Other Tardily Filed Unsecured Claims
280(1)
Penalty-Type Claims
280(1)
Interest on Priority and Nonpriority Prepetition Claims
280(1)
Debtor
280(1)
Closing the Case
Trustee's Final Report and Proposed Distribution
281(1)
Trustee's Final Account after Distribution and Request for Discharge
281(1)
Closing the Case
281(13)
After the Case Is Closed
Amending the Case without Reopening the Case
294(1)
Reopening a Closed Case
294(4)
The Chapter 13 Bankruptcy (Adjustment of Debts of an Individual with Regular Income)
298(46)
The Initiation of a Chapter 13 Case
The Chapter 13 Plan
Contents of a Chapter 13 Plan
308(1)
Mandatory Provisions
308(1)
Permissive Provisions
309(1)
A Sample Chapter 13 Plan
309(9)
The Debtor's Payments under the Plan
318(1)
Modification of the Plan before Confirmation
318(3)
The Filing of the Petition
The Significance of Filing a Petition
Possession and Control of Property of the Estate
321(1)
Operation of the Debtor's Business
321(1)
Exemptions
321(2)
Appointment and Duties of a Chapter 13 Trustee
Motions and Complaints after the Order for Relief
Motions
323(2)
Complaints
325(19)
The Clerk's Notice
Meeting of Creditors (The Section 341 Meeting)
Hearing on Confirmation of the Plan
Trustee's Distribution of Payments under the Plan
Modification of the Plan after Confirmation
Revocation of Order of Confirmation
Discharge
Revocation of the Discharge
Closing the Case and Proceedings after the Case Is Closed
The Chapter 12 Bankruptcy (Adjustment of Debts of a Family Farmer with Regular Annual Income)
344(44)
The Initiation of a Chapter 12 Case
The Chapter 12 Plan
Contents of a Chapter 12 Plan
357(1)
Mandatory Provisions
357(1)
Permissive Provisions
358(1)
A Sample Chapter 12 Plan
358(1)
The Debtor's Payments under the Plan
358(5)
Modification of the Plan before Confirmation
363(5)
The Filing of the Petition
The Significance of Filing a Petition
Possession and Control of Property of the Estate: The Debtor in Possession
368(1)
Operation of the Debtor's Business
368(1)
Exemptions
369(2)
Appointment and Duties of a Chapter 12 Trustee
Motions and Complaints after the Order for Relief
Motions
371(3)
Complaints
374(14)
The Clerk's Notice
Meeting of Creditors (The Section 341 Meeting)
Hearing on Confirmation of the Plan
Trustee's Distribution of Payments under the Plan
Modification of the Plan after Confirmation
Revocation of Order of Confirmation, Conversion, or Dismissal
Discharge
Revocation of the Discharge
Closing the Case and Proceedings after the Case Is Closed
The Voluntary Chapter 11 Bankruptcy (Reorganization)
388(70)
The Initiation of a Chapter 11 Case
The Chapter 11 Petition and the Significance of Filing a Chapter 11 Petition
The Filing of the Chapter 11 Petition
395(6)
The Significance of Filing a Petition
401(1)
Possession and Control of Property of the Estate
401(1)
Operation of the Debtor's Business
402(1)
Use of Cash Collateral
402(1)
Adequate Protection
402(1)
Employment of Professionals
403(1)
Obtaining Credit
403(1)
Utility Services
404(1)
Shedding Burdensome Collective Bargaining Contracts
404(1)
Dealing with Pending and Future Litigation
404(1)
Evidence of Debtor in Possession (DIP) Status
405(1)
Exemptions
405(2)
The Chapter 11 Plan
Strategies Utilized in Reorganization Plans
407(6)
Contents of a Chapter 11 Plan
413(1)
Mandatory Provisions
413(1)
Permissive Provisions
414(1)
A Sample Chapter 11 Plan
415(1)
Modification of a Chapter 11 Plan
415(7)
Chapter 11 Plan Filed by Parties Other Than the Debtor
422(13)
A Disclosure Statement or Evidence Showing Compliance with 11 U.S.C.A. § 1126(b)
Order and Notice of Chapter 11 Bankruptcy Filing, Meeting of Creditors, and Fixing of Dates
Motions and Complaints
Motions
435(1)
Complaints
435(23)
Appointment of a Committee of Unsecured Creditors and a Committee of Equity Security Holders
Meeting of Creditors (The Section 341 Meeting) and Meeting of Equity Security Holders
Hearing on the Disclosure Statement
Hearing on Confirmation of the Plan
Effect of Confirmation of the Plan
Distribution under the Plan and Reporting by Debtor in Possession or Chapter 11 Trustee
Revocation of an Order of Confirmation
Final Report and Final Decree
Selecting the Appropriate Type of Bankruptcy Filing
458(15)
Eligibility
Selecting the Chapter If the Debtor Is Eligible under Multiple Chapters
The Business Debtor
464(1)
Choosing to Liquidate under Chapter 7 or Reorganize under Chapter 11
464(1)
Choosing to Liquidate under Chapter 7 or Liquidate under Chapter 11
465(1)
Choosing to Reorganize under Chapter 11 or Adjust Debt under Chapter 12 or 13
465(2)
The Nonbusiness Debtor
467(1)
Choosing to Liquidate under Chapter 7 or Adjust Debt under Chapter 13
467(5)
Choosing to Liquidate under Chapter 7 or Reorganize under Chapter 11
472(1)
Choosing to Reorganize under Chapter 11 or Adjust Debt under Chapter 13
472(1)
The Involuntary Bankruptcy: Chapter 7 or Chapter 11
473(20)
Limitations on Filing an Involuntary Petition
Debtors Who May Be Subject to an Involuntary Petition
474(1)
Requirements of a Petitioning Creditor
474(11)
Flow Chart for the Involuntary Petitions
The Filing of the Creditors' Petition
The Significance of Filing a Petition
The Order for Relief, the Bankruptcy Estate, and the Automatic Stay
485(1)
Appointment of a Trustee
485(1)
Gap Period Creditors
485(1)
The Debtor's Answer
Hearing and Disposition of an Involuntary Petition
The Order for Relief
486(4)
Dismissal of an Involuntary Petition
490(3)
Appendix A Interview Questionnaire for the Debtor-Client 493(45)
Appendix B Interview Questionnaire for the Creditor-Client 538(2)
Appendix C Chapter 9--Debts of Municipalities 540(2)
Glossary 542(8)
Index 550


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