Bankruptcy and Debtor/Creditor: Examples and Explanations

by Brian A. Blum

Recommended with confidence by law professors across the country, BANKRUPTCY AND DEBTOR/CREDITOR: Examples & Explanations enters its Second Edition helping students understand the many rules, principles, and policies of bankruptcy and debtor/creditor law. Author Brian Blum draws on his own teaching experiences to respond to student needs. Adhering to a proven—effective format, he begins with basic concepts, then gradually introduces more advanced issues.

Demystifying debtor/credit law and facilitating comprehension, the book promotes effective study through:

—exceptionally clear writing

—organization that tracks the leading casebooks

—problems and answers that allow students to test their understanding

BANKRUPTCY AND DEBTOR/CREDITOR: Examples & Explanations, Second Edition, now incorporates;

—Updated text and new examples that reflect changes in the Bankruptcy Code

—The latest developments in debt adjustment and reorganization, support obligation in bankruptcy, and bankruptcy discharge

—New material on jury trials

—Reorganized problems and answers — answers no longer immediately follow the problems

—More streamlined material with a sharper, tighter focus on the essential topics

In the practical approach to the Examples & Explanations Series, Blum students who need a general overview, better understanding, or just want to brush up on a particular topic, BANKRUPTCY AND DEBTOR/CREDITOR: Examples & Explanations, Second Edition, is sure to be as popular as its predecessor.

Table of Contents

Contents

Preface

Acknowledgements t the Second Edition

Acknowledgements to theFirst Edition

Special Notice

1.The Framework of the Debtor/Creditor Relationship and an Introduction to Unsecured Credit

1.1 Debtors and Creditors

1.2 State Law and Federal Law: An Introductory Note

1.3 Formation and Planning Concerns

1.4 The Enforcement of Unsecured Debt — An Overview

2. Secured Debt and Priorities

2.1 Definition and Terminology

2.2 The Relationship between the Debt and the Collateral

2.3 The Creation of a Lien

2.4 The Different Categories of Lien

2.5 The Effect of a Valid Lien

2.6 Enforcement of the Lien

2.7 Priorities among Liens and Other Interests

3. Debt Collection Under State Law

3.1 Preliminary Observations on Debt Collection by Judicial Process at State Law

3.2 Executable Property and Levy

3.3 Judicial Prejudgment Remedies

3.4 The Judgment and Its Enforcement

3.5 Execution

3.6 Garnishment

3.7 Proceedings in Aid of Execution

3.8 Bankruptcy and the State Law Collection Process

3.9 State Law Insolvency Proceedings

4. Fraudulent Transfers

4.1 Background — The Basis and Purpose of Fraudulent Transfer Law

4.2 An Overview of the Avoidance Suit

4.3 Actual Fraud

4.4 Constructive Fraud

4.5 The Relationship between Grounds of Constructive Fraud and Actual Fraud

4.6 The Remedy of Avoidance and the Rights of the Transferee

4.7 Fraudulent Transfer Law and Leveraged Buyouts

5. The Nature, Source, and Policies of Bankruptcy Law

5.1 What is Bankruptcy?

5.2 The Federal Nature of Bankruptcy Law

5.3 Uniformity in Bankruptcy Law

5.4 The Statutory Source of Bankruptcy Law

5.5 The Policies of Bankruptcy Law

6. Participants in the Bankruptcy Case

6.1 The Bankruptcy Court

6.2 The Trustee

6.3 The U.S. Trustee

6.4 The Debtor

6.5 Creditors and Creditors' Committees

6.6 Attorneys and Other Professional Consultants

6.7 Other Participants

6.8 Issues of Professional Ethics

7. Bankruptcy Jurisdiction and the Powers of the Bankruptcy Court

7.1 Introduction

7.2 District Court Jurisdiction over Bankruptcy

7.3 The Exercise of Bankruptcy Jurisdiction by Bankruptcy Courts

7.4 The Jury Trial in Bankruptcy

7.5 The Injunctive and Contempt Powers of the Bankruptcy Court

7.6 Appeals from the Bankruptcy Court

7.7 Abstention

7.8 Removal and Remand under 28 U.S.C.

Genres: Law, Legal

592 pages, Paperback

First published June 1, 1993