Overview
Recommended with confidence by law professors across the country, BANKRUPTCY AND DEBTOR/CREDITOR: Examples & Explanations enters its Second Edition helping students understand the many rules, principles, and policies of bankruptcy and debtor/creditor law. Author Brian Blum draws on his own teaching experiences to respond to student needs. Adhering to a proven—effective format, he begins with basic concepts, then gradually introduces more advanced issues.Demystifying debtor/credit law and facilitating comprehension, the book promotes effective study through:
—exceptionally clear writing
—organization that tracks the leading casebooks
—problems and answers that allow students to test their understanding
BANKRUPTCY AND DEBTOR/CREDITOR: Examples & Explanations, Second Edition, now incorporates;
—Updated text and new examples that reflect changes in the Bankruptcy Code
—The latest developments in debt adjustment and reorganization, support obligation in bankruptcy, and bankruptcy discharge
—New material on jury trials
—Reorganized problems and answers — answers no longer immediately follow the problems
—More streamlined material with a sharper, tighter focus on the essential topics
In the practical approach to the Examples & Explanations Series, Blum students who need a general overview, better understanding, or just want to brush up on a particular topic, BANKRUPTCY AND DEBTOR/CREDITOR: Examples & Explanations, Second Edition, is sure to be as popular as its predecessor.
Table of Contents
Contents
Preface
Acknowledgements t the Second Edition
Acknowledgements to theFirst Edition
Special Notice
1.The Framework of the Debtor/Creditor Relationship and an Introduction to Unsecured Credit
1.1 Debtors and Creditors
1.2 State Law and Federal Law: An Introductory Note
1.3 Formation and Planning Concerns
1.4 The Enforcement of Unsecured Debt — An Overview
2. Secured Debt and Priorities
2.1 Definition and Terminology
2.2 The Relationship between the Debt and the Collateral
2.3 The Creation of a Lien
2.4 The Different Categories of Lien
2.5 The Effect of a Valid Lien
2.6 Enforcement of the Lien
2.7 Priorities among Liens and Other Interests
3. Debt Collection Under State Law
3.1 Preliminary Observations on Debt Collection by Judicial Process at State Law
3.2 Executable Property and Levy
3.3 Judicial Prejudgment Remedies
3.4 The Judgment and Its Enforcement
3.5 Execution
3.6 Garnishment
3.7 Proceedings in Aid of Execution
3.8 Bankruptcy and the State Law Collection Process
3.9 State Law Insolvency Proceedings
4. Fraudulent Transfers
4.1 Background — The Basis and Purpose of Fraudulent Transfer Law
4.2 An Overview of the Avoidance Suit
4.3 Actual Fraud
4.4 Constructive Fraud
4.5 The Relationship between Grounds of Constructive Fraud and Actual Fraud
4.6 The Remedy of Avoidance and the Rights of the Transferee
4.7 Fraudulent Transfer Law and Leveraged Buyouts
5. The Nature, Source, and Policies of Bankruptcy Law
5.1 What is Bankruptcy?
5.2 The Federal Nature of Bankruptcy Law
5.3 Uniformity in Bankruptcy Law
5.4 The Statutory Source of Bankruptcy Law
5.5 The Policies of Bankruptcy Law
6. Participants in the Bankruptcy Case
6.1 The Bankruptcy Court
6.2 The Trustee
6.3 The U.S. Trustee
6.4 The Debtor
6.5 Creditors and Creditors' Committees
6.6 Attorneys and Other Professional Consultants
6.7 Other Participants
6.8 Issues of Professional Ethics
7. Bankruptcy Jurisdiction and the Powers of the Bankruptcy Court
7.1 Introduction
7.2 District Court Jurisdiction over Bankruptcy
7.3 The Exercise of Bankruptcy Jurisdiction by Bankruptcy Courts
7.4 The Jury Trial in Bankruptcy
7.5 The Injunctive and Contempt Powers of the Bankruptcy Court
7.6 Appeals from the Bankruptcy Court
7.7 Abstention
7.8 Removal and Remand under 28 U.S.C. õ1452
8. Debtor Eligibility and the Different Forms of Bankruptcy Relief
8.1 Introduction
8.2 An Overview of the Distinction Between Liquidation and Rehabilitation
8.3 Different Types of Debtor
8.4 Debtor Eligibility
8.5 Choice of Relief
8.6 Conversion from One Chapter to Another
9. The Commencement of the Bankruptcy Case
9.1 Introduction
9.2 Venue
9.3 The Voluntary Case
9.4 The Voluntary Petition As an Order for Relief
9.5 Joint Cases, Jointly Administered Cases, and Consolidation
9.6 Involuntary Cases
9.7 Dismissal of a Bankruptcy Case
9.8 The Creditors' Meeting
10. The Automatic Stay
10.1 Introduction
10.2 The Purpose of the Automatic Stay
10.3 The Nature and Scope of the Stay
10.4 The Range of the Stay: õõ362 (a) and (b)
10.5 Termination of the Stay
10.6 The Effect of the Stay on Limitation Periods — õ108
10.7 The Effect of Violating the Stay
11. Relief from Stay and Adequate Protection
11.1 Introduction
11.2 The Procedure for Relief from Stay
11.3 Forms of Relief
11.4 Grounds for Relief
11.5 Lack of Adequate Protection As Cause for Relief from Stay under õ362 (d)(1)
12. Property of the Estate
12.1 The Creation of the Bankruptcy Estate and Debtor's New Estate
12.2 The Composition of the Estate
12.3 The Trustee's Power to Compel Delivery of Property of the Estate ("Turnover")
12.4 Abandonment of Property by the Trustee
13. Exemptions, Redemption, and Reaffirmation
13.1 The Concept of Exemptions
13.2 Exemptions Applicable in Bankruptcy Cases
13.3 The Nature of Exempt Property
13.4 The Procedure for Claiming Exemptions
13.5 The Debtor's Power to Avoid Certain Interests That Impair Exemptions
13.6 The Individual Debtor's Redemption Right in Ch. 7 Cases
13.7 Reaffirmation as an Alternative to Redemption
13.8 The Ch. 7 Debtor's Retention of the Collateral under the Original Contract — the "Ride—Through"
13.9 Reaffirmation of Unsecured Debt
14. The Trustee's Avoidance Powers: General Principles and Policies
14.1 Introduction
14.2 The Structure of the Avoidance Provisions
14.3 Applicability of the Avoidance Powers in Liquidation and Rehabilitation Cases
14.4 Exercise of the Avoidance Power by a Debtor in Possession or Other Parties
14.5 The Avoidance Suit and the Enforcement of a Judgment of Avoidance
14.6 Preservation of the Transfer for the Benefit of the Estate
14.7 The Statute of Limitations and "Reach—Back" Provisions
14.8 The General Purpose and Goals of the Avoidance Powers
15. The Trustee's Avoidance Powers: Unperfected Interests and Statutory Liens
15.1 The Avoidance of Unperfected Interests under õ544
15.2 The Avoidance of Statutory Liens under õ545
15.3 The Effect of õ546 on the Trustee's Avoidance Rights under õõ544 and 545
16. The Avoidance of Preferences, Setoff, Fraudulent Transfers, and Postpetition Transfers
16.1 Preferential Transfers under õ547
16.2 Setoff under õ553
16.3 Fraudulent Transfers under õ548
16.4 Postpetition Transfers under õ549
17. The Trustee's Power to Deal with Estate Property and to Obtain Credit
17.1 Introduction
17.2 The Use, Sale, or Lease of Estate Property õ363
17.3 Postpetition Credit under õ364
18. Executory Contracts and Unexpired Leases
18.1 Introduction
18.2 The Meaning of "Executory Contract" and "Unexpired Lease"
18.3 The Problem of Special Treatment of Selected Transactions
18.4 The Estate's Right to Assume or Reject Executory Contracts
18.5 The Procedure and Standards for Assumption or Rejection
18.6 Interim Performance
18.7 The Assumption of Contracts in Default
18.8 Nonassumable Contracts
18.9 Bankruptcy Termination or Ipso Facto Clauses
18.10 Postpetition Termination by the Other Party on Grounds Other Than an Ipso Facto Clause
18.11 Problems of Rejection in Partially Executed Contracts
18.12 Rejection of Collective Bargaining Agreements in Ch. 11 Cases
18.13 Assignment
19. Claims Against the Estate
19.1 Introduction
19.2 What Is a Claim?
19.3 The Estimation of Contingent and Unliquidated Claims
19.4 The Proof and Allowance of Claims
19.5 Interests on Claims
19.6 Claim Classification and Priorities
19.7 Subordination under õ510
20. The Chapter 13 Plan
20.1 Introduction and Review
20.2 Outline of the Ch. 13 Proceedings
20.3 Overview of the Plan and the Prerequisites for Confirmation
20.4 The Funding of the Plan and the Debtor's Obligation to Make Payments
20.5 The Length of the Plan
20.6 Good Faith
20.7 The Classification of Claims and the Standards Applicable to Each Class
20.8 The Modification of a Claimant's Rights and the Cure of Default
20.9 Long—Term Debt
20.10 Modification of a Confirmed Plan
20.11 Postscript on the Ch. 12 Plan
21. The Chapter 11 Plan
21.1 Introduction to Ch. 11 and Its Debtors
21.2 The Purpose of a Ch. 11 Case
21.3 The Importance of Negotiation and Business Judgment in a Ch. 11 Case
21.4 Outline of the Ch. 11 Case
21.5 Prepackaged Plans
21.6 The Content of the Plan
21.7 Confirmation Requirements
22. The Debtor's Discharge
22.1 Introduction
22.2 The Scope of the Discharge
22.3 The Effect of the Discharge
22.4 Waiver of the Discharge and Reaffirmation of the Debt
22.5 The Ch. 7 Discharge
22.6 The Ch. 11 Discharge
22.7 The Ch. 13 Discharge
22.8 The Ch. 12 Discharge
Appendix
Glossary
Index