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Insolvency Explained: Bankruptcies, Assignments, Bulk Transfers, Receiverships, Probates, and Workouts
A complex and wide-ranging area of law, insolvency incorporates both federal law (bankruptcy) and state laws (assignments, bulk sales, receiverships, workouts, and probates), as well as other aspects that involve both federal and state law. I nsolvency Explained is a clearly written, nuts-and-bolts guide useful for lawyers and non-lawyers alike that looks at the basic issues involved and how to handle these situations. In the first part, author David J. Cook provides an accessible intro to the fundamentals of insolvency and the requirements common in each type of the claim requirements, distribution procedures, risk of claim objections, and other issues.Of the different types of insolvency, each is a standalone process. The second part of the book discusses each type and provides an overview, making it easy to find the exact information needed in a relevant chapter.
208 pages, Paperback
Published January 1, 2017
2 people want to read
About the author
David J. Cook
3 booksThere is more than one person in the Goodreads catalog with this name. This entry is for David J. [4^] Cook, attorney.
Author David J. Cook is a veteran collections attorney who has been chasing down debtors for over 39 years.
Author David J. Cook is a veteran collections attorney who has been chasing down debtors for over 39 years.
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May 17, 2017
Cook, David J. Insolvency Explained: Bankruptcies, Assignments, Bulk Transfers, Receiverships, Probates, and Workouts. Chicago: ABA Book Publishing, 2017. 192 pages, index, Paperback, $89.95. ISBN: 978-1634255639.
The American Bar Association has been publishing for more than 125 years. Its goal is to publish quality, practical legal texts for busy, practicing lawyers. In Insolvency Explained, author David J. Cook makes complicated subjects understandable drawing on his more than 42 years of practice experience. With humor and wit he explains the real world implications, issues cautions and “offers you insight into what is not written in the law.” ( p. v). This book would be a valuable acquisition for law firm libraries, county law libraries, academic libraries and individual practitioners. The author is well-known for representing Ronald Goldman’s father in collecting the multi-million civil judgment against O.J. Simpson. Insolvency Explained is the third book in the field of commercial law that David J. Cook has published with ABA Book Publishing.
Insolvency covers federal bankruptcy law as well as assignments for the benefit of creditors; bulk sales, receiverships, workouts; and probates which rely on state law. Depending on the federal circuit, the Fair Debt Collections Act (FDCPA) does or does not apply in bankruptcy proceedings.
This book is a “tell me what I need to know book” without reading the book from cover to cover. The first section, chapters 1-9, is a general discussion of insolvency and the requirements common to each proceeding so that you can quickly ascertain what is important when confronted with a situation. Every insolvency proceeding has its own unique and mandatory claim filing requirements, distribution procedures, risk of claim objections, and peculiarities. The second section, chapters 10-15 covers each specific type: bankruptcies, assignments for the benefit of creditors; bulk sales; receiverships; adjustments and workouts; probates and trust proceedings; and statutory funds, bonds and mass tort funds have elements of both state and federal law.
Chapter 16 is a list of actions to take to protect a client from the financial collapse of a customer or vendor.
The author dispenses good, practical advice on the protection a properly filed/recorded financing statement affords the creditor. A secured creditor has a consensual lien like a UCC filing or a non-consensual lien like a judgment or attachment lien or levy to rely on.
Keep informed by requesting special notice so you receive everything and set up a permanent P.O. Box so you are consistently easy to notify. Always file claims on time. Is there judicial supervision, are there side deals, are there safeguards against fraud, are claims objections heard, when should payment be expected, is this worth pursuing? The format is well thought out. The table of contents is informative and descriptive with meaningful chapter names. Bold subtitles within a chapter, short questions and answers, and numerous lists heighten comprehension. Important time limits are often in bold. The index provides sufficient detail to help the busy lawyer easily locate pertinent material.
Reviewed by Patricia Rodi Monk, Public Services Librarian, Alameda County Law Library, Oakland, California.
The American Bar Association has been publishing for more than 125 years. Its goal is to publish quality, practical legal texts for busy, practicing lawyers. In Insolvency Explained, author David J. Cook makes complicated subjects understandable drawing on his more than 42 years of practice experience. With humor and wit he explains the real world implications, issues cautions and “offers you insight into what is not written in the law.” ( p. v). This book would be a valuable acquisition for law firm libraries, county law libraries, academic libraries and individual practitioners. The author is well-known for representing Ronald Goldman’s father in collecting the multi-million civil judgment against O.J. Simpson. Insolvency Explained is the third book in the field of commercial law that David J. Cook has published with ABA Book Publishing.
Insolvency covers federal bankruptcy law as well as assignments for the benefit of creditors; bulk sales, receiverships, workouts; and probates which rely on state law. Depending on the federal circuit, the Fair Debt Collections Act (FDCPA) does or does not apply in bankruptcy proceedings.
This book is a “tell me what I need to know book” without reading the book from cover to cover. The first section, chapters 1-9, is a general discussion of insolvency and the requirements common to each proceeding so that you can quickly ascertain what is important when confronted with a situation. Every insolvency proceeding has its own unique and mandatory claim filing requirements, distribution procedures, risk of claim objections, and peculiarities. The second section, chapters 10-15 covers each specific type: bankruptcies, assignments for the benefit of creditors; bulk sales; receiverships; adjustments and workouts; probates and trust proceedings; and statutory funds, bonds and mass tort funds have elements of both state and federal law.
Chapter 16 is a list of actions to take to protect a client from the financial collapse of a customer or vendor.
The author dispenses good, practical advice on the protection a properly filed/recorded financing statement affords the creditor. A secured creditor has a consensual lien like a UCC filing or a non-consensual lien like a judgment or attachment lien or levy to rely on.
Keep informed by requesting special notice so you receive everything and set up a permanent P.O. Box so you are consistently easy to notify. Always file claims on time. Is there judicial supervision, are there side deals, are there safeguards against fraud, are claims objections heard, when should payment be expected, is this worth pursuing? The format is well thought out. The table of contents is informative and descriptive with meaningful chapter names. Bold subtitles within a chapter, short questions and answers, and numerous lists heighten comprehension. Important time limits are often in bold. The index provides sufficient detail to help the busy lawyer easily locate pertinent material.
Reviewed by Patricia Rodi Monk, Public Services Librarian, Alameda County Law Library, Oakland, California.
Displaying 1 of 1 review