How to File for Bankruptcy

How to File for Bankruptcy
Author: Stephen Elias
Publisher: NOLO
Total Pages: 354
Release: 1998
Genre: Business & Economics
ISBN: 9780873374200

Every year, more than a million people file for bankruptcy. This book gives them a clear and complete overview of the bankruptcy process, explains the repurcussions of filing for Chapter 7 bankruptcy and provides step-by-step instructions and all the forms necessary to file. It clearly outlines what debts can and cannot be eliminated in bankruptcy, what property debtors risk losing, how to protect assets and rebuild credit and how to deal with aggressive credit card companies seeking speedy credit repayment. State-by-state exemption tables included.

Reorganizations Under Chapter 11 of the Bankruptcy Code

Reorganizations Under Chapter 11 of the Bankruptcy Code
Author: Richard F. Broude
Publisher: Law Journal Press
Total Pages: 1314
Release: 2024-06-28
Genre: Business & Economics
ISBN: 9781588520340

Reorganizations Under Chapter 11 of the Bankruptcy Code is the most complete and up-to-date one-volume treatment of this important business-planning tool. It contains a thorough discussion of Chapter 11 law and practice, including significant changes in: exclusivity; key employee retention plans; pre-petition severance pay; the debtor's ability to retain turnaround specialists; conversion and dismissal of cases; the obligation of creditors' committees to share information with members of the constituencies; and the way in which small business and single-asset real estate cases are conducted. This authoritative volume also brings you legal analysis and practical guidance on such subjects as: bankruptcy court jurisdiction; voluntary and involuntary petitions; creditors' committees; managing and operating the debtor and its business, including obtaining post-petition financing; treatment of secured creditors; dealing with executory contracts and unexpired leases; filing and allowance of proofs of claims and interests; the content, modification and confirmation of plans of reorganization, including a discussion of how claims may be classified; the effect of plan confirmation; and post-confirmation appeals and plan consummation. Reorganizations Under Chapter 11 of the Bankruptcy Code will keep you current on the latest statutory and regulatory developments while briefing you on the often conflicting decisions handed down by the courts

A Summary of Bankruptcy Law

A Summary of Bankruptcy Law
Author: M. Jonathan Hayes
Publisher: Createspace Independent Publishing Platform
Total Pages: 330
Release: 2016-12-11
Genre:
ISBN: 9781541080829

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.

Collier Family Law and the Bankruptcy Code

Collier Family Law and the Bankruptcy Code
Author: Henry J. Sommer
Publisher: LexisNexis
Total Pages: 1363
Release: 2023-06-02
Genre: Law
ISBN: 1579112358

For both the general practitioner and the matrimonial specialist, Collier Family Law and the Bankruptcy Code is a comprehensive, practice-oriented guide examining the impact of the Bankruptcy Code on family law issues. Authored by Henry J. Sommer, co-Editor-in-Chief of Collier on Bankruptcy, the preeminent treatise on bankruptcy law, and Hon. Margaret Dee McGarity, a United States Bankruptcy Judge for the Eastern District of Wisconsin. Coverage includes: • Overview of the bankruptcy process • Overlap of bankruptcy court jurisdiction and state family court jurisdiction • Determining the debtor's interest in marital property • Special issues involving community property • Effects of Chapter 13 on current alimony and support obligations and on modification and enforcement of support obligations • Effect of the automatic stay on on-going family court actions First published in 1991.

As We Forgive Our Debtors

As We Forgive Our Debtors
Author: Teresa A. Sullivan
Publisher: Beard Books
Total Pages: 392
Release: 1999
Genre: Business & Economics
ISBN: 9781893122154

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.

Keay's Insolvency

Keay's Insolvency
Author: Michael Murray
Publisher: Lawbook Company
Total Pages:
Release: 2016-03-10
Genre:
ISBN: 9780455236919

The ninth edition of Keay's Insolvency has come at a time when major insolvency reforms, foreshadowed in previous editions, have just been announced. While none of these has become law, the authors have introduced readers to the proposed changes and the considerable impact they will have on the operation of the law and the administration of insolvencies. These include the introduction of a safe harbour defence to insolvent trading, allowing more emphasis on informal restructuring, restrictions on counter-parties terminating contracts under "ipso facto" clauses, and allowing small companies to go through a streamlined liquidation process. The timing of these reforms, and their significance, is such that those studying and practicing in insolvency need to have an understanding of what is coming, which Keay will provide, even if by way of brief comment at various points throughout. Those reforms have confirmed the authors' continued and increased focus on corporate restructuring law and practice, including outside the context of formal insolvency, an on-going trend in Australia, and internationally. This edition also has new commentary on the roles and duties of lawyers acting in insolvency. PPS law and practice and further embedded in the commentary, along with cross-border insolvency, tax, banking and other related laws. The text has necessarily been updated with commentary on new and important case law, with an emphasis on decisions from the High Court and Courts of Appeals, or on decisions that add new perspectives on the law and practice. The authors have given greater emphasis to legal and insolvency practice - with references throughout to ASIC and AFSA regulatory guidance, Court rules, the ARITA Code, tax issues and forms. Useful tables have been added to explain the details in the text and each chapter now has a summary table of references to the particular parts of the legislation, regulatory guidance, and court rules. The book also cross-references to cases in the new case book, Insolvency Law - Commentary and Materials. Commentary on the statistical trends available from the October 2015 annual reports of the regulators, and other data, is explained, in particular in as far as they may support the law reform trends. The final chapter in the last edition of the text critically assessed Australia's insolvency regime. The authors stand by that commentary and have necessarily updated and added to it in light of the law reform announcements, remaining of the view that while the laws work well enough, the environment local and international environment in which they operate has significantly changed such that, while the reforms are welcomed, a wholesale review of the regime in Australia is still needed. The authors are pleased to see the recognition given to Australian insolvency law and practice through the election of Mr Mark Robinson of PPB Advisory as President of INSOL International in 2015, and of Professor Rosalind Mason, of Queensland University of Technology (QUT), as Chair of INSOL Academics. Both have contributed enormously to the development of the practice and law of insolvency both in Australia and internationally. We are very pleased to have Mark Robinson contribute a foreword to this edition of the book. Michael Murray remains a visiting fellow at the Queensland University of Technology, and is now a Fellow of the Australian Academy of Law, and continues to work in and contribute to the development and thinking of insolvency and restructuring law, practice and policy. Jason Harris is now an Associate Professor in Law at the University of Technology, Sydney, and continues to teach and write extensively in the area, in particular in corporate law and restructuring. Each brings his respective knowledge, experience and thoughts to this important area of law and practice.

Employee Rights in Corporate Insolvency

Employee Rights in Corporate Insolvency
Author: Hamiisi Nsubuga
Publisher: Routledge
Total Pages: 200
Release: 2019-10-08
Genre: Law
ISBN: 1000731111

This book analyses corporate rescue laws, processes and policies prescribed in corporate insolvency or bankruptcy laws, and employment laws of the UK and the US, with a particular focus on how extant employee rights are treated when a debtor employer initiates corporate insolvency proceedings. The commencement of formal insolvency proceedings by an employer affects employees’ rights and interests. Employment laws seek to protect employees’ rights and interests, while insolvency laws seek to promote corporate rescue, which may entail workforce changes. Consequently, this creates a tension between whose interest insolvency law should give primacy of protection. The book analyses how corporate rescue processes such as administration, pre-pack business sales, company voluntary arrangements, receivership and liquidation impact employee rights and protection during corporate rescue proceedings in both jurisdictions. It goes on to address how the federal system of government in the US and the diffusion of power between federal and state law jurisdictions impact a uniform code of employee protection during Chapter 11 bankruptcy reorganisation proceedings. The book considers how an interpretative approach to law (Dworkin’s Interpretative Theory of Law) may be used to balance both employee protection and corporate rescue laws during corporate insolvency in the UK and the US. Of interest to academics, students and employment law practitioners, this book examines the tension between corporate rescue laws and employment protection laws during corporate insolvency in the US and the UK and how this tension may be remedied or balanced.