The Municipal Bankruptcy Nutshell is a valuable resource for municipal attorneys and officials, law students, and journalists covering chapter 9 cases. Chapter topics include the history of municipal bankruptcy legislation, constitutional challenges to such legislation, eligibility requirements for chapter 9 relief, requirements for plan confirmation, and post-confirmation matters. The Nutshell also examines the chapter 9 specific rules on the automatic stay, pledged special revenues, rejection of collective bargaining agreements, and the avoiding powers. The Appendices include citations to legislative materials, a table containing a state-by-state list of the statutes authorizing chapter 9 relief, and retention-of-jurisdiction language from the Detroit and Stockton plans.

Bankruptcy is a complicated subject that covers a lot of ground. Bankruptcy lawyers can be found on Main Street and Wall Street. This efficient and effective guide to Bankruptcy will help you see the big picture. The authors focus on explaining the key concepts or building blocks that apply in any type of bankruptcy case, and then help you see those concepts in action in cases under the different chapters of the Bankruptcy Code, in proceedings ranging from individual consumer debtors in Chapter 7 or 13 to Fortune 500 Corporations in Chapter 11. To make the learning process more bearable, the authors have also infused the book with humor. Each of the authors is a nationally-renowned law teacher who has practiced and taught Bankruptcy for many years. One of them is even a former bankruptcy judge. Based on that experience, in this book they have set forth understandable techniques for mastering the law governing bankruptcy law, procedure, and real-world practice (in an exceedingly attractive manner).

Receive complimentary lifetime digital access to the eBook with new print purchase. This statutory supplement can be used with any law school bankruptcy casebook. This edition includes the current Bankruptcy Code and related provisions of titles 18 and 28 of the United States Code, including court rules and the current bankruptcy court fee schedule, the Federal Rules of Bankruptcy Procedure and Interim Amendments, the Official Forms, related uniform laws, and federal tax lien statutes-Internal Revenue Code.

Cross-border insolvency is an increasingly topical issue and cross-border insolvency practice continues to develop rapidly. Cross-Border Insolvency: A Commentary on the UNCITRAL Model Law (Fourth Edition) is an updated, enhanced edition covering the national implementation of the United Nations Commission on International Trade Law Model Law on Cross-Border Insolvency. Written by specialists from each jurisdiction, this new edition provides an in-depth, article-by-article analysis of the local enactment and application of the model law in each of the jurisdictions concerned, alongside consideration of the relationship between the model law and any existing cross-border insolvency jurisprudence. Each chapter adopts essentially the same format for ease of reference, addressing key concepts such as the centre of main interests, court-to-court communication, enforcement of security interests and the protection of debtors and creditors. New to the fourth edition are chapters on Chile, Gibraltar and the Philippines with an expanded South African chapter to include the OHADA countries.This major new edition is an invaluable guide to the local application and comparative analysis of the model law for anyone dealing with cross-border insolvency issues. Lawyers in private practice or in-house, insolvency practitioners, government authorities, academics and students will find this expanded edition an essential addition to their library.

Use of this book assists bankruptcy law professors in transforming podium courses into ABA-required experiential learning opportunities. As bankruptcy professors understand, the complexity of debtor-creditor law can dismay students as they work to figure out how to put together the puzzle pieces that comprise this complex, multi-layered area of practice. The laws, procedural rules, official forms, and complicated relationships between and among creditors and debtors combine to create mosaics of intricate patterns - or webs for malpractice claims. This book helps law students put together the interconnected pieces of consumer debtor- or creditor-focused law practice - with simulation exercises introducing students to the Official Forms, guiding them through multiple creditors' claims, and supporting them in developing as trustees, consumer debtor's lawyers, or various creditors' lawyers. The fact-based exercises provide multiple opportunities to develop writing ability, ethical client counseling skills, and an understanding of how to use bankruptcy laws, rules, procedures, and forms.

This book presents problems that often arise in the context of international/cross-border insolvencies; analyzes and compares national legislations and jurisprudence; elucidates the solutions offered by international/regional instruments; and explores the differences in the implementation of these instruments by various countries and the consequences of these differences. It examines in detail a number of famous and less famous cases tried by national courts, in which it became readily apparent that insolvency law remains one of the bastions of national law. In addition, the book discusses the notion of transplanting foreign [international] insolvency rules and especially the influence that US insolvency law has exerted on other countries' insolvency [and international insolvency] law. Far from adopting an unrealistically optimistic stance, it soberly examines the complications of cross-border insolvencies, while also presenting potential solutions.

This work examines the effects of covenants on the position of creditors and their claims for credit in the event of debtor insolvency. In addition, the study examines the question whether any specific obligations arise for the creditor in this situation and whether the creditor faces any threat of liability risks or legal challenges.

This book covers bankruptcy law, policy, and practice, focusing on consumer bankruptcy and the basics of business bankruptcy. Its innovative organization and integrated use of graphics introduce students to the variety of often competing policies that apply when an individual or business entity experiences financial distress. The book's 101 carefully-designed problems facilitate learning and focus class discussion. Review questions at the end of most chapters facilitate student self-assessment of their understanding and mastery of the law material and its application.

Since 1979 the world has witnessed a remarkable cycle of personal insolvency law reform. Changes in capitalist economies, financial crises and political interest groups all contributed to this cycle of reform. This book examines the role of interest groups and distinct narratives in shaping reform in different countries while drawing attention to the role of timing, path dependency and unintended consequences in the development of personal insolvency law. The book presents case studies of personal insolvency law in the US, France, Sweden, and England and Wales. It then analyses how, following the Great Recession of 2008, international financial institutions paid greater attention to the significance of household debt in contributing to financial instability and the role of individual insolvency law in providing a fresh start. Personal insolvency law reform became part of EU responses to the eurozone crisis and the EU has proposed harmonisation of individual insolvency law to promote entrepreneurialism. This book examines the extent to which these developments represent an emerging international commonsense about personal insolvency and its relationship to neo-liberalism. Finally, this book discusses whether the international emergence of individual personal insolvency law represents a progressive step or a band-aid for the costs of neo-liberal policies, where a significant number of people live close to the precipice of over-indebtedness.