Authors: David L. Buchbinder
ISBN-13: 9780735569744, ISBN-10: 0735569746
Format: Paperback
Publisher: Aspen Publishers, Inc.
Date Published: December 2008
Edition: 7th Edition
Attorney and academic Buchbinder presents the latest edition of his basic primer for nonlawyers, such as legal assistants and paralegals; it may also help creditor representatives understand the proper utilization of the bankruptcy system as a debt collection device to increase overall recovery rates, and serves as a reference tool for law students and nonbankruptcy attorneys. Rather than analyze the complexities of the Bankruptcy Code and case law interpretation, the text describes the routine events occurring in bankruptcy proceedings. The fifth edition incorporates the latest amendments to the Bankruptcy Code and Rules, and includes summaries of new Supreme Court decisions, expanded coverage of Internet research sources, and a forms manual on the accompanying CD. Annotation ©2004 Book News, Inc., Portland, OR
Preface | ||
Acknowledgments | ||
Introduction: Paralegals and the Bankruptcy System | 1 | |
Pt. II | History and Introduction | 7 |
Ch. 1 | A Short History of Bankruptcy | 9 |
Ch. 2 | Introduction to the Bankruptcy Code | 19 |
Ch. 3 | Alternatives to Bankruptcy Under State Law | 27 |
Ch. 4 | Filing a Petition | 37 |
Ch. 5 | Chapter 1 - General Provisions | 53 |
Ch. 6 | Useful Definitions - Section 101 | 67 |
Pt. II | Debtor Relief | 79 |
Ch. 7 | Overview of Chapter 7 | 81 |
Ch. 8 | Conversion and Dismissal | 101 |
Ch. 9 | Exemptions | 107 |
Ch. 10 | Trustees, Examiners, and Creditors Committees | 123 |
Ch. 11 | Preparing a Proceeding for a Trustee | 137 |
Pt. III | Bankruptcy Litigation | 145 |
Ch. 12 | The Automatic Stay - 11 U.S.C. 362 | 147 |
Ch. 13 | Objections to Discharge and Dischargeability of Debts | 167 |
Ch. 14 | Property of the Estate and Turnover Complaints | 185 |
Ch. 15 | Avoiding Powers - Introduction | 195 |
Ch. 16 | Avoidable Preferences - 11 U.S.C. 547 | 203 |
Ch. 17 | Fraudulent and Postpetition Transfers | 219 |
Pt. IV | Liquidation and Claims | 229 |
Ch. 18 | Use, Sale, or Lease of Property | 231 |
Ch. 19 | Executory Contracts and Leases | 245 |
Ch. 20 | Miscellaneous Provisions Regarding Property of the Estate | 259 |
Ch. 21 | Claims | 269 |
Ch. 22 | Administration | 295 |
Pt. V | Reorganization Proceedings | 303 |
Ch. 23 | Chapter 13: Reorganization Proceedings | 305 |
Ch. 24 | Chapter 11: Introduction and Administration | 327 |
Ch. 25 | Chapter 11: Elements of a Plan | 343 |
Ch. 26 | Chapter 11: Plan Confirmation | 359 |
Ch. 27 | Chapter 12: Reorganization Proceedings | 379 |
Pt. VI | Review | 387 |
Ch. 28 | Introduction to Courts and Jurisdiction | 389 |
Ch. 29 | Statements and Schedules Tutorial | 399 |
Ch. 30 | Researching Bankruptcy Issues | 431 |
App. 1: Noticed Motions and Ex Parte Applications | 437 | |
App. 2: Documents and Deadlines | 439 | |
Glossary | 441 | |
Table of Cases | 457 | |
Table of Statutes | 459 | |
Table of Federal Rules of Bankruptcy Procedure | 463 | |
Table of Secondary Authorities | 465 | |
Index | 467 |