Bankruptcy in a Nutshell 10th edition by David Epstein – Ebook PDF Instant Download/Delivery: 1647082544, 978-1647082543
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ISBN 10: 1647082544
ISBN 13: 978-1647082543
Author: David Epstein
This classic student text, used by tens of thousands of law students for almost 50 years, has been revised to reflect changes in the Bankruptcy Code, changes in case law, changes in bankruptcy practices, and changes in bankruptcy casebooks. For example, there is a Chapter on new Subdivision V which affects most small business cases and a new separate Chapter on Section 363 Sales which affects most large business cases. Today’s bankruptcy courses are now much more than just the avoiding powers, and discharge. As bankruptcy classes have become more comprehensive, students have found this short book even more helpful in comprehending reading assignments, contributing to class discussions, and answering exam questions.
Bankruptcy in a Nutshell 10th Table of contents:
Chapter I. Introductory Material
A. What Is This Book About—a Preview
B. Sources of Debtor-Creditor Law
Part I. What You Need to Know About Creditors Rights Laws Other than Bankruptcy
Chapter II. An Overview of Judicial Collection Law
A. What Can Creditors Do Outside of Bankruptcy?
1. Forms of Creditors’ Judicial Remedies
2. Creditors’ Judicial Remedies Shortcomings
3. Statutory Liens and Liens Created by Agreement
B. What Can a Debtor Do Outside of Bankruptcy?
1. Exempt Property
2. Workout Agreements
C. Why Bankruptcy?
Part II. What You Need to Know About Bankruptcy
Chapter III. Bankruptcy: An Overview
A. Bankruptcy Law
B. Forms of Bankruptcy Relief
C. Bankruptcy Courts and Bankruptcy Judges
1. Under the Bankruptcy Act of 1898
2. Under the Present Law
D. Trustees
E. United States Trustees
Chapter IV. Commencement, Conversion and Dismissal of a Bankruptcy Case
A. Voluntary Cases
B. Involuntary Cases
C. Foreign Debtors
D. Conversion of Cases
E. Dismissal
F. Back to the Beginning: Consequences of Commencement
Chapter V. Stay of Collection Actions and Acts
A. Time Stay Arises
B. Scope of the Stay
1. Section 362
2. Section 1301
3. Section 105
C. Termination of the Stay
D. Relief from the Stay
1. Section 362(d)(1)
2. Section 362(d)(2)
3. Section 362(d)(3)
4. Section 362(d)(4)
5. Relationship of Section 362(d)(1), Section 362(d)(2), Section 362(d)(3) and Section 362(d)(4)
6. Burden of Proof in Section 362(d) Litigation
Chapter VI. Property of the Estate
A. Why Is Property of the Estate an Important Concept?
B. What Does Property of the Estate Include?
1. What Is Included in the Phrase “Interests of the Debtor in Property as of the Commencement of the Case”?
2. What Else Is Included in Property of the Estate?
3. What Is Excluded from Property of the Estate?
Chapter VII. Exemptions
A. What Property Is Exempt?
1. What Law Determines What Property Is Exempt in Bankruptcy?
2. What Is the Effect of a Debtor’s Contracting Away Her Exemptions?
3. What Is the Effect of a Debtor’s Claiming Too Much Property as Exempt?
4. What Is the Effect of a Debtor’s Converting Nonexempt Property to Exempt Property Before Filing for Bankruptcy?
B. What Is the Significance in Bankruptcy of Exempt Property?
1. General
2. Section 522(f)
3. Section 722
Chapter VIII. Avoidance of Prebankruptcy Transfers
A. What Are the Consequences of Avoiding a Transfer?
B. Which Transfers Can Be Avoided— Preferences
1. Elements of a Preference
2. Applying Section 547(b)
3. Indirect Preferences
4. Exceptions (Section 547(c))
C. Which Transfers Can Be Avoided—Setoffs
D. Which Transfers Can Be Avoided— Fraudulent Transfers and Obligations
1. Section 548
2. Section 544(b)
3. Comparison of Sections 548 and 544(b)
E. Which Transfers Can Be Avoided—Transfers Not Recorded or Otherwise Perfected
F. Which Transfers Can Be Avoided—Transfers Not Timely Recorded or Otherwise Perfected
1. Section 547(e)
2. Section 548(d)
G. Which Transfers Can Be Avoided— Landlords’ Liens
H. Which Transfers Can Be Avoided—Statutory Liens That Are Disguised Priorities
I. Seller’s Reclamation and Return Rights
Chapter IX. Postbankruptcy Transfers
A. When Do Postbankruptcy Transfers Happen?
B. How Does a Postbankruptcy Transfer Happen?
C. How Does Section 549 Affect Postbankruptcy Transfers of Property of the Estate by the Debtor?
D. How Does Section 542 Affect Postbankruptcy Transfers of Property of the Estate by Third Parties?
Chapter X. Effect of Bankruptcy on Secured Claims
A. What Is a Secured Claim?
B. Invalidation of Liens
C. Overview of Impact of Bankruptcy on Secured Claims
D. What Can Happen to Secured Claims During Bankruptcy?
1. Delay in Realizing on Collateral
2. Debtor’s Use, Lease or Sale of Collateral
3. Non-Accrual of Interest
4. Loss of Priority
5. Limitations on Floating Liens
6. Return of Repossessed Property
7. Effect of Discharge on Secured Claims
E. Satisfaction of Secured Claims
1. Recovery of Collateral
2. Payments of Amount Equal to the Value of the Collateral in Chapter 7 Cases and Chapter 11 Cases
3. Cars and Houses in Chapter 13 Cases and Chapter 11 Cases with Individual Debtors
Chapter XI. Claims
A. Why Is “Claim” an Important Bankruptcy Concept?
B. What Is a Claim? (and, Who Cares?)
C. What Is an Unsecured Claim?
D. Collection of Unsecured Claims from the Debtor
E. What Property Is Distributed to Holders of Unsecured Claims?
1. What Property Is Distributed to Holders of Unsecured Claims in Chapter 7 Cases?
2. What Property Is Distributed to Holders of Unsecured Claims in Chapter 13 Cases and Individual Chapter 11 Cases?
3. What Property Is Distributed to Holders of Unsecured Claims in Other Chapter 11 Cases?
F. Which Holders of Unsecured Claims Are Eligible to Participate in the Bankruptcy Distribution?
1. Proof of Claim
2. Allowance
G. What Is the Order of Distribution?
1. Treatment of Priority Claims in 7
2. Treatment of Priority Claims in 11 and 13
3. 507 Priorities
4. Section 510 Treatment of Subordination
5. Classification of Claims
Chapter XII. Leases and Executory Contracts
A. Effect of Rejection, Assumption, Assignment
B. Procedure for Rejection or Assumption
1. Chapter 7 (Other than Nonresidential Real Property Leases)
2. Chapters 11 and 13 (Other than Nonresidential Real Property Leases)
3. Nonresidential Real Property Leases in Chapters 7, 11 and 13 Cases
C. The Gap Period
1. Nondebtor’s Performance
2. Debtor’s Performance
D. Limitations on the Effect of Rejection of a Lease or Executory Contract
E. Limitations on Assumption and Assignment
1. Contract Limitations
2. Leases and Executory Contracts That Cannot Be Assumed or Assumed and Assigned
3. Requirements for Assumption
4. Requirements for Assignment
F. Definition of Executory Contract
Chapter XIII Discharge
A. Which Debtors Receive a Discharge?
1. Chapter 7
2. Chapter 11 Cases: Business Entity Debtors
3. Chapter 13
4. Chapter 11 Cases: Individual Debtors
5. Chapter 11 Cases: Subchapter 5
B. Which Obligations Are Affected by a Bankruptcy Discharge?
1. Chapter 7
2. Chapter 11
3. Chapter 13
4. Procedure for Asserting an Exception to Discharge
C. Effect of a Discharge
1. What a Discharge Does
2. What a Discharge Does Not Do
3. Reaffirmation
4. Protection from Discriminatory Treatment
Chapter XIV. Chapter 13
A. Commencement of the Case
B. Co-Debtor Stay
C. Trustees
D. Preparation of the Chapter 13 Plan
E. Confirmation of the Chapter 13 Plan
F. Cramdown (or Cram Down) of Secured Claims in Chapter 13
G. Treatment of Home Mortgages in Chapter 13 Plans
H. Classification of Unsecured Claims
I. Discharge
J. Dismissal and Conversion
K. Comparison of Chapters 7 and 13
L. Comparison of Chapters 11 and 13
Chapter XV. Chapter 11
A. Commencement of the Case
1. Filing the Petition
2. Consequences of Commencing a Chapter 11 Case
3. Notifying and Organizing the Creditors
4. First Day Orders
B. Operation of the Business
1. Debtor in Possession
2. Trustee
3. Examiner
4. Critical Vendors
5. Use of Encumbered Property Including Cash Collateral
6. Debtor-in-Possession Financing (a/k/a DIP Financing)
C. Preparation of the Chapter 11 Plan
1. Exclusivity
2. Contents of the Plan
3. Funding for the Plan
4. Classification of Claims
D. Acceptance of the Plan
1. Disclosure
2. Who Votes?
3. Needed Majorities 331
E. Confirmation of the Plan
1. Standards for Confirmation
2. Effect of Confirmation
F. Special Forms of Chapter 11 Cases
1. Prepackaged
2. Single Asset Real Estate Cases
3. Individual Chapter 11 Cases
4. Small Business Cases
Chapter XVI. Subchapter V
A. Commencement of the Case
B. Operating the Business
C. Preparation of the Chapter 11 Plan
1. Procedural Differences in the Plan Process
2. Substantive Differences in Plan Provisions
D. Acceptance of the Chapter 11 Plan
E. Confirmation of the Plan
1. Requirements for Confirmation
2. Consequences of Confirmation
Chapter XVII. Section 363 Sales of All of the Assets
Chapter XVIII. Allocation of Judicial Power over Bankruptcy Matters
A. History
1. 1898 Act
2. 1978 Code
3. Marathon Pipe Line Decision
B. Operation of Present Law
1. Bankruptcy Court as Part of the District Court, Section 151
2. Grants of Jurisdiction to the District Court, Section 1334(a) and (b)
3. Role of the Bankruptcy Court, Section 157
4. Abstention Under Section 1334(c)
5. Jury Trials
6. Foreign Cases
Index
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