Law of Debtors and Creditors: Text, Cases, and Problems [Connected eBook]

by Elizabeth Warren, Jay Lawrence Westbrook, Katherine Porter, John Pottow

Overview

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.

One of the leading casebooks in the field, The Law of Debtors and Creditors features 39 problem sets with realistic questions a lawyer considers in managing a bankruptcy case. It also challenges the students with the major policy and theoretical questions in the field. The text features a functional organization as a bankruptcy case would unfold. The focus is on teaching through the realistic problems, complete with ethical difficulties embedded into the fact patterns. The presentation is lively and colloquial. Explanatory text throughout makes bankruptcy law accessible to students and easier to teach. Because it divides the subject between consumer and business bankruptcy, professors can select the depth of coverage for each subject in designing a two-, three-, or four-credit class. The authors—Senator Elizabeth Warren, Congresswoman Katie Porter, and Professors Pottow (Michigan) and Westbrook (Texas)—are among the most prominent in the field. Uniquely comprehensive Teacher’s Manual—chock full of material on how to design class around the problem sets, citations to new cases and literature, and suggestions for steering class discussion.

New to the Eighth Edition:

• The emergence of a whole new form of chapter 11 bankruptcy, the Small Business Reorganization Act in subchapter V, just as the Covid19 crisis exploded
• The impact of recent Supreme Court decisions, including Jevic, Merit Management, Midland Funding, and Wellness
• New cases and issues since the Seventh Edition
• Updated materials on § 363 sales
• Incorporation of discussion of ABI Commission on Consumer Bankruptcy Reform
• A number of interesting new problems

Professors and students will benefit from:

• Separation of consumer bankruptcy from business bankruptcy—professors can select the depth of coverage for each subject
• Lively explanatory text—makes bankruptcy law accessible to students and easier to teach
• Engagement of current events and economic trends
• Discussion of many recent cases
• 39 problem sets—featuring the realistic questions a lawyerconsiders in applying the statutory provisions in a bankruptcycase
• Substantial discussion of the ethical questions that arise in bankruptcy practice, and including ethical issues in the problems students must solve
• Functional organization—as a bankruptcy case would unfold rather than using some artificial paradigm
• Chapters specifically devoted to bankruptcy theory (consumer and business), to international insolvencies, and to important ethics issuein the consumer and business contexts
• Problem sets designed to combine doctrinal, transactional, and theoretical issues

Product Details

ISBN-13:	9781454893516
Publisher:	Wolters Kluwer Law & Business
Publication date:	11/01/2020
Series:	Aspen Casebook Series
Edition description:	Eighth Edition
Pages:	1024
Product dimensions:	7.38(w) x 10.00(h) x (d)

About the Author

Elizabeth Warren has been a law professor at Harvard for nearly twenty years. She is the author or coauthor of nine books, including The Two-Income Trap: Why Middle-Class Parents Are Going Broke. Elizabeth served as Chair of the Congressional Oversight Panel for the Troubled Asset Relief Program (TARP) and is Massachusetts’s first female senator. She lives with her husband in Cambridge, Massachusetts.

Table of Contents

	Preface	xxiii
	Acknowledgments	xxvii
	Special Notice	xxxi
Part I	Individual Debt Collection	1
Chapter 1	Collection Without Courts	3
A	Nonjudicial Collection Methods	3
B	Restrictions on Nonjudicial Collection	14
Chapter 2	State Law Debt Collection	33
A	Collection Remedies	33
B	Fraudulent Conveyances and Shielding Debtor Assets	79
C	State Collective Remedies	99
Part II	Consumer Bankruptcy	105
Chapter 3	Introduction to Bankruptcy	107
A	Development of the Current Statute	107
B	Bankruptcy Court Organization	112
C	Structure of the Bankruptcy Code	114
D	Consumer versus Business Bankruptcy	115
Chapter 4	Elements Common to Consumer Bankruptcies	119
A	Background	119
B	Outline	121
C	Getting Started	122
D	The Estate	123
E	The Automatic Stay	137
Chapter 5	Liquidation Bankruptcy	149
A	Introduction	149
B	Eligibility	150
C	Property Exempt from Seizure	169
D	Homesteads, Trusts, and Exemption Planning	196
E	Claims and Distributions	218
F	Discharge	229
G	The Debtor's Post-Bankruptcy Position: Reaffirmation	254
Chapter 6	Chapter 13 Bankruptcy	281
A	Elements of an Acceptable Plan	281
B	Threshold Eligibility for Chapter 13	328
C	Chapter 12 for Family Farmers and Fishermen	338
D	The Consumer Bankruptcy System	339
Part III	Business Bankruptcy	367
Chapter 7	Chapter 7 Liquidation	369
A	Introduction	369
B	Business Liquidations	371
C	Initiation	374
D	Involuntary Bankruptcy	375
Chapter 8	Chapter 11 Reorganization	395
A	Introduction to Business Reorganizations	395
B	The Automatic Stay and Adequate Protection	414
C	Operating in Chapter 11	437
D	Reshaping the Estate	478
E	Negotiating and Confirming the Plan	592
F	Ethical Issues	761
Part IV	The Functions and Boundaries of Bankruptcy Law	791
Chapter 9	Domestic Jurisdiction	793
A	The 1978 Code	793
B	The 1984 Amendments	796
Chapter 10	Transnational Bankruptcies	835
A	Introduction	835
B	Choice of Forum	836
C	Cooperating with the Home Country Court	847
D	International law Reform	860
E	Choice of Law	861
Chapter 11	The Functions of Bankruptcy Law	873
A	Introduction	873
B	Exclusions from Bankruptcy	874
C	Alternative Approaches to Bankruptcy	877
	Table of Cases	893
	Table of Statutes	901
	Index	921