Consumer Bankruptcy Law in Focus

Author: Stephen P. Parsons

Publisher: Wolters Kluwer Law & Business

ISBN: 1454876328

Category: Law

Page: 816

View: 2775

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.
Posted in Law

Business Bankruptcy Law in Focus

Author: Daniel A. Austin,Stephen P. Parsons

Publisher: Wolters Kluwer Law & Business

ISBN: 1454876115

Category: Law

Page: 654

View: 2947

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
Posted in Law

Consumer Bankruptcy in Global Perspective

Author: Johanna Niemi-Kiesiläinen,Johanna Niemi-Kiesilainen,Iain Ramsay,William C. Whitford

Publisher: Hart Publishing

ISBN: 1841133582

Category: Law

Page: 368

View: 2592

Consumer Bankruptcy is an emerging field throughout the world. This book provides a comparative appraisal of global developments in this area. It is one of the first book-length publications focusing on comparative consumer bankruptcy and over-indebtedness. It combines theoretical and empirical studies of bankruptcy regimes and consumer credit in civilian and common law jurisdictions and explores current reform trends. The book will be of interest to academics, policymakers and law reformers as well as to practitioners.
Posted in Law

Vault Guide to Bankruptcy Law Careers

Author: Seth A. Stuhl

Publisher: Vault Inc.

ISBN: 1581312571

Category: Business & Economics

Page: 161

View: 5702

This Vault career guide provides law students and legal professionals with an inside look at careers in bankruptcy law, including compensation and lifestyle information for the practice area.
Posted in Business & Economics

Consumer Bankruptcy Law and Practice

Author: Henry J. Sommer,Gary Klein,Marilyn S. Bright,Robert Sable

Publisher: N.A


Category: Law

Page: 837

View: 9208

Posted in Law

Handbook of Research on International Consumer Law, Second Edition

Author: Geraint Howells,Iain Ramsay

Publisher: Edward Elgar Publishing

ISBN: 1785368214

Category: Law

Page: 528

View: 9910

Consumer law and policy continues to be of great concern to both national and international regulatory bodies, and the second edition of the Handbook of Research on International Consumer Law provides an updated international and comparative analysis of the central legal and policy issues, in both developed and developing economies.
Posted in Law

Comparative Consumer Bankruptcy

Author: Jason J. Kilborn

Publisher: N.A

ISBN: 9781594601477

Category: Business & Economics

Page: 114

View: 3746

This book explores the rapidly evolving law of individual insolvency. As consumer borrowing and spending play a greater and greater role in fueling worldwide economic growth, more and more countries are dealing with the casualties of the "democratization of credit" and the "open credit economy." This book explores the struggles that led to the implementation and continuous revision of consumer insolvency law throughout much of Europe in the 1990s and early 2000s. Drawing on both primary sources of formal law and empirical studies of the law in action, this book offers an overview of how the law of consumer "overindebtedness" has played out in the last two decades in the United States and Europe and where it appears to be headed today. While the focus here is on law and practice, the questions for discussion at the end of each chapter might spawn deeper theoretical and policy explorations of the ambivalent relationship of societies to their financially overextended consumers and the ambiguous state of contract law in the consumer context in the 21st century.Chapter 1 sets the stage by introducing the challenges and methodology of a comparative approach to this area of the law. Chapter 2 explores the varying form and role of "credit counseling" and pre-bankruptcy negotiation with creditors in the various systems presented. Chapters 3 and 4 compare and contrast the form and function of the formal consumer insolvency systems in the United States, France, Germany, Austria, England & Wales, the Netherlands, Sweden, Belgium, and Luxembourg. This book is designed for use either in a comparative law course, using consumer insolvency systems to illustrate many of the challenges of comparative law analysis, or in a basic bankruptcy course, using a variety of European approaches and their development over time to enlighten and challenge students' appreciation of the operation of the U.S. system.
Posted in Business & Economics

Consumer Credit, Debt and Bankruptcy

Comparative and International Perspectives

Author: Johanna Niemi,Iain Ramsay,William C Whitford

Publisher: Bloomsbury Publishing

ISBN: 1847315224

Category: Law

Page: 460

View: 9226

After a long period of prosperity and steady economic growth, the world's leading economies are now in crisis, and although there will be debate about its origins, the scale and seriousness of the crisis is in no doubt. There is also no doubt that excessive amounts of consumer credit, allied to a weak understanding of how globalised credit markets might react to a crisis, have played a significant part. This book, which is primarily about credit, debt and the trouble they have led to, is written by authors who have specialised in researching into over-indebtedness, that is, situations in which an individual's debt burden has become overwhelming. For these authors the plight of individuals is a primary concern, but the wider issue is how credit is used and how it changes societies. The essays in this volume, addressing topics which are fundamental to our understanding of the current crisis, range widely across the whole sector of consumer finance, including mortgages, 'credit-binges', the regulation of consumer lending, insolvency, repayment plans, debt counselling and much more besides. The conclusions drawn from the book are equally wide-ranging, but above all the lesson learned from these essays is that the financialisation of contemporary life ensures that issues of the appropriate role of credit remain of critical importance in society.
Posted in Law

Consumer Debt Recovery Law

Author: Bruce Kercher,Richard Brading,Betty Weule

Publisher: Federation Press

ISBN: 9781862874077

Category: Bankruptcy

Page: 160

View: 4611

This book examines the law and practice of debt recovery from consumers in Australia. It is the second edition of Australian Debt Recovery Law which was published in 1990. The new edition is updated to meet changes to the law in the past decade, but more than that it now has three authors from three quite different backgrounds. The academic author of the first edition, Bruce Kercher has been joined by one of Australia's leading financial counsellors, Betty Weule and by the principal solicitor of the Wesley Legal Centre (which concentrates on consumer credit issues), Richard Brading. It is stronger in its focus on the actual practice of debt recovery law, while retaining its statement of the law and its historical analysis and arguments for legal change. An early chapter considers debt recovery outside the courts, including an analysis of the law governing the constant problem of harassment. It then moves through the various stages of obtaining judgments, presenting defences and enforcement of judgments. The book concludes with a new chapter on bankruptcy law. The principal aim is to present the law concisely, accurately and with as little legal jargon as possible, while also showing how the law is used as a tool of bargaining and threats.
Posted in Bankruptcy

Bankruptcy and Insolvency Accounting, Volume 1

Practice and Procedure

Author: Grant W. Newton

Publisher: John Wiley & Sons

ISBN: 9780470524824

Category: Business & Economics

Page: 936

View: 9610

Accountants and financial managers are often the first professionals to realize that a financial problem exists within a corporation but must be familiar with the various alternatives available to clients before they can offer solutions. Completely updated, Bankruptcy and Insolvency Accounting, Seventh Edition, Volume 1 provides detailed information on SOP 90-7 and FASB statements 141, 142, and 144 and revisions made in CSSR 93-1 by CSSR 03-1. The process of corporate restructuring is thoroughly described for controllers, CEOs, CFOs and CPAs with small businesses as clients.
Posted in Business & Economics

A Summary of Bankruptcy Law

Third Edition

Author: M. Jonathan Hayes

Publisher: Createspace Independent Publishing Platform

ISBN: 9781541080829


Page: 330

View: 3942

This is a short but thorough summary of consumer bankruptcy law. As said by chapter 7 Trustee Wes Avery, "Professor Hayes explains very nicely the technical and complex language of the Bankruptcy Code and Rules in plain English." The book is intended to be a practical, but sufficiently theoretical guide to the nuts and bolts of bankruptcy. It provides the basics to the lawyer or law student new to bankruptcy. The book is supported with 403 footnotes which focus largely on the 9th Circuit and California Law.
Posted in

Debt's Dominion

A History of Bankruptcy Law in America

Author: David A. Skeel Jr.

Publisher: Princeton University Press

ISBN: 1400828503

Category: Business & Economics

Page: 296

View: 2217

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.
Posted in Business & Economics

Bankruptcy and Debtor/creditor

Examples and Explanations

Author: Brian A. Blum

Publisher: Aspen Publishers Online

ISBN: 0735561842

Category: Law

Page: 598

View: 4186

To keep pace with the recent major changes in bankruptcy law, noted author Brian Blum presents a completely revised edition of his popular study guide, BANKRUPCTY AND DEBTOR/CREDITOR: Examples & Explanations. This comprehensive paperback is well known for its effectiveness in helping students understand the many rules, principles, and policies of the area. The book earns the loyalty of both students and instructors for its: distinguished authorship from Brian Blum, who has written other successful titles in the Examples & Explanations Series and is a recognized master of the method time-tested examples and explanations that clarify potentially confusing material exceptionally clear and engaging writing organization and coverage that tracks the leading casebooks in Bankruptcy and Debtor/Creditor Law problems that allow students to test their understanding of the law The Fourth Edition responds to the 2005 Bankruptcy Act: the Fourth Edition will be updated to reflect changes in bankruptcy law since 2004, and will concentrate particularly on changes made by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. the entire text is revised to correspond to current practice new and updated examples and explanations focus on areas of change new cases illustrate key points BANKRUPTCY AND DEBTOR/CREDITOR LAW: Examples & Explanations, Fourth Edition, provides the extra help students need to master fundamental concepts in this dynamic area. Be sure to recommend this timely and dependable study guide to your next class.
Posted in Law

Consumer Credit and the American Economy

Author: Thomas A. Durkin,Gregory Elliehausen,Michael E. Staten,Todd J. Zywicki

Publisher: Oxford University Press

ISBN: 0199384967

Category: Business & Economics

Page: 528

View: 9933

Consumer Credit and the American Economy examines the economics, behavioral science, sociology, history, institutions, law, and regulation of consumer credit in the United States. After discussing the origins and various kinds of consumer credit available in today's marketplace, this book reviews at some length the long run growth of consumer credit to explore the widely held belief that somehow consumer credit has risen "too fast for too long." It then turns to demand and supply with chapters discussing neoclassical theories of demand, new behavioral economics, and evidence on production costs and why consumer credit might seem expensive compared to some other kinds of credit like government finance. This discussion includes review of the economics of risk management and funding sources, as well discussion of the economic theory of why some people might be limited in their credit search, the phenomenon of credit rationing. This examination includes review of issues of risk management through mathematical methods of borrower screening known as credit scoring and financial market sources of funding for offerings of consumer credit. The book then discusses technological change in credit granting. It examines how modern automated information systems called credit reporting agencies, or more popularly "credit bureaus," reduce the costs of information acquisition and permit greater credit availability at less cost. This discussion is followed by examination of the logical offspring of technology, the ubiquitous credit card that permits consumers access to both payments and credit services worldwide virtually instantly. After a chapter on institutions that have arisen to supply credit to individuals for whom mainstream credit is often unavailable, including "payday loans" and other small dollar sources of loans, discussion turns to legal structure and the regulation of consumer credit. There are separate chapters on the theories behind the two main thrusts of federal regulation to this point, fairness for all and financial disclosure. Following these chapters, there is another on state regulation that has long focused on marketplace access and pricing. Before a final concluding chapter, another chapter focuses on two noncredit marketplace products that are closely related to credit. The first of them, debt protection including credit insurance and other forms of credit protection, is economically a complement. The second product, consumer leasing, is a substitute for credit use in many situations, especially involving acquisition of automobiles. This chapter is followed by a full review of consumer bankruptcy, what happens in the worst of cases when consumers find themselves unable to repay their loans. Because of the importance of consumer credit in consumers' financial affairs, the intended audience includes anyone interested in these issues, not only specialists who spend much of their time focused on them. For this reason, the authors have carefully avoided academic jargon and the mathematics that is the modern language of economics. It also examines the psychological, sociological, historical, and especially legal traditions that go into fully understanding what has led to the demand for consumer credit and to what the markets and institutions that provide these products have become today.
Posted in Business & Economics

The Economics of Bank Bankruptcy Law

Author: Matej Marinč,Razvan Vlahu

Publisher: Springer Science & Business Media

ISBN: 9783642218071

Category: Business & Economics

Page: 158

View: 9279

This book shows that a special bank bankruptcy regime is desirable for the efficient restructuring and/or liquidation of distressed banks. It explores in detail both the principal features of corporate bankruptcy law and the specific characteristics of banks including the importance of public confidence, negative externalities of bank failures, fragmented regulatory framework, bank opaqueness, and the related asset-substitution problem and liquidity provision. These features distinguish banks from other corporations and are largely neglected in corporate bankruptcy law. The authors, an assistant professor for money and finance and a research economist at the Dutch Central Bank, propose changes in both prudential regulation and reorganization policies that should allow regulators and banking authorities to better mitigate disruptions in the financial system and minimize the social costs of bank failures. Their recommendations are complemented by a discussion of bank failures from the 2007–2009 financial crisis.
Posted in Business & Economics

Comparative Consumer Insolvency Regimes

A Canadian Perspective

Author: Jacob S. Ziegel

Publisher: Hart Publishing

ISBN: 1841132721

Category: Law

Page: 183

View: 505

All modern legal systems within advanced economies must address the question of how to respond to the needs of insolvent consumers whose burden of debt greatly exceeds their capacity to repay within a reasonable time frame. This study surveys comparatively the insolvency regimes currently in place or likely to be adopted in the foreseeable future in Canada, the United States, Australia, England and Wales, Scotland, Scandinavia and a representative group of Western countries on the continent of Europe. Modern legal systems have two basic alternatives in providing relief for over-committed consumers. The first, which involves restricting the enforcement of individual creditor remedies is a method with which this study is not concerned. Where the consumer is seriously insolvent and owes money to many creditors, a different approach is required - a collective solution to debtor's problems - and this, the solution provided by modern insolvency systems, is the focus of this study.
Posted in Law

Bankruptcy and Insolvency Taxation

Author: Grant W. Newton,Robert Liquerman

Publisher: John Wiley & Sons

ISBN: 1118172965

Category: Business & Economics

Page: 752

View: 7867

The thousands of mergers, acquisitions, and start-ups that have characterized the past years of business have created an increasing number of corporations in financial trouble: specifically, a shortage of venture capital or quick cash. Consequently, bankruptcy protection is now viewed as a strategic move to protect corporations from their creditors and allow them to reorganize. Fully revised and updated with new case studies and the latest coverage of regulations, Bankruptcy and Insolvency Taxation, Fourth Edition provides the answers to the questions financial managers will have on the tax aspects of bankruptcy strategy.
Posted in Business & Economics

Basic Bankruptcy Law for Paralegals

Author: David L. Buchbinder

Publisher: Aspen Publishers Online

ISBN: 0735569746

Category: Law

Page: 569

View: 5875

Renewing a commitment to preparing students to become effective paralegals in all aspects of Bankruptcy, the Seventh Edition of this popular text offers important developments in recent bankruptcy law, expanded coverage of means testing, and enhanced pedagogy. In an illuminating overview of the Bankruptcy Code and Rules, respected author David L. Buchbinder provides step-by-step guidance through the paralegal's role at every stage of the Bankruptcy proceeding. A hit with instructors and students, Basic Bankruptcy Law for Paralegals features: focused coverage of Bankruptcy that hones in on what students need to know to become effective paralegals in all aspects of Bankruptcy: consumer representation creditor representation assisting with the handling of a Chapter 11 case a clear overview of the Bankruptcy Code and Rules step-by-step guidance through the paralegal's role at every stage of a Bankruptcy proceeding a practical orientation to completing bankruptcy documentation and the time limits on those documents thorough pedagogy that includes: examples checklists of procedures summaries of the law discussion questions practice exercises Forms Manual on an accompanying CD-ROM detailed Instructor's Manual with Test Bank Updated to reflect developing case law interpreting the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) and other changes in Bankruptcy Law, the Seventh Edition also provides: two new chapters devoted entirely to means testing: one chapter presents a substantive discussion of means testing and the second chapter gives a tutorial Practice Pointers, a new teaching device, are integrated throughout the text Practice Exercises are now included throughout the book Timely and up-to-date, the Seventh Edition of Basic Bankruptcy Law for Paralegals comes with a complete teaching package that will complement the pedagogy, coverage, and clarity of this highly effective text.
Posted in Law

The Fragile Middle Class

Americans in Debt

Author: Teresa A Sullivan,Elizabeth Warren,Jay Lawrence Westbrook

Publisher: Yale University Press

ISBN: 9780300091717

Category: Business & Economics

Page: 380

View: 5337

More than a million American families now file for federal bankruptcy annually, & many more are perilously close to financial disaster. In this important analysis of hard-pressed families, recently featured in articles in Newsweek, Forbes, Chronicle of Higher Education, & the New York Times, the authors discover that financial stability for many middle-class Americans is all too fragile. The authors consider the changing cultural & economic factors that threaten financial security & what they imply for the future vitality of the middle class.
Posted in Business & Economics

As We Forgive Our Debtors

Bankruptcy and Consumer Credit in America

Author: Teresa A. Sullivan,Elizabeth Warren,Jay Lawrence Westbrook

Publisher: Beard Books

ISBN: 9781893122154

Category: Business & Economics

Page: 370

View: 1120

Bankruptcy in America is a booming business, with hundreds of thousands of ordinary Americans filing for bankruptcy each year. Is this dramatic growth a result of mushrooming debt or does it reflect a moral decline that permits the middle class to evade their debts? As We Forgive Our Debtors addresses these questions with hard empirical data drawn from bankruptcy court filings. The authors of this multidisciplinary study describe the law and the statistics in clear, nontechnical language, combining a thorough statistical description of the social and economic position of consumer bankrupts with human portraits of the debtors and creditors whose journeys have ended in bankruptcy court. Book jacket.
Posted in Business & Economics