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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Financial law > Bankruptcy & insolvency law
The 2008 global financial crisis ushered in the biggest explosion
in new bank regulation around the world since the Great Depression.
Even more so than then, this new regulation has been coordinated on
a global basis and reflects global standards as well as local
idiosyncracies. Although governments and regulators have sought to
put measures in place to prevent the failure of banks, they have
acknowledged the need for measures to address what happens when
banks fail or are threatened with failure and how to resolve such
failure. Bank Resolution and Crisis Management: Law and Practice
deals with the measures which European, U.S. and international law
and policy makers have sought to put in place to deal with the
threat of financial institutions failing, including enhanced
supervision, early intervention and so called 'living wills'.
Measures such as 'bail-out' (protecting private shareholders and
creditors against losses) and 'bail-in' (imposing losses on
shareholders and long-term creditors without causing contagion
among short-term creditors) are discussed. The work includes
comprehensive summaries and commentary on the EU Bank Recovery and
Resolution Directive, the UK resolution laws including the Banking
Act 2009 and amendments to that act, the Orderly Liquidation
Authority under Title II of the U.S. Dodd-Frank Act, proposed new
Chapter 14 to the U.S. Bankruptcy Code, and the bank resolution
provisions of the U.S. Federal Deposit Insurance Act. The book also
provides detailed commentary on the provisions in the Banking Act
2009 dealing with resolution, including discussion of the
stabilisation, bank administration and insolvency powers. This
includes analysis of secondary legislation such as the Partial
Transfers Order. Special emphasis is given to the practical effect
of such measures on financial transactions and their impact on
arrangements, such as netting and set-off. There is also commentary
on the Financial Services Investor Compensation Scheme and its role
in returning money to the depositors in a failing bank. The special
position of failing investment banks is also a feature of the book.
Coverage includes analysis of the legislation adopted to address
the particular issues that arose in the failure of Lehman Brothers
and the resulting litigation, particularly that relating to the
recovery of client assets. This work will be invaluable for
regulatory, transactional and insolvency lawyers and other
professionals advising banks on their powers and governance
processes, in structuring and documenting transactions and in
dealing with banks in the course of insolvency proceedings.
If you want to beat your debt problems with a bankruptcy, but you
are tired of "lawyer-talk" or websites that tell you nothing, you
will love this book It delivers down to earth advice and answers to
tough questions like--Will I qualify for Chapter 7 under the new
rules? How much income is too much? What is an "undue hardship
student loan discharge"? What property will I get to keep? What is
exemption planning and how do I take advantage of it? How do I
choose the right bankruptcy lawyer for my case? How do I get rid of
liens on my property? How can I buy back my car or other property
for less than I owe on it? What property will I get to keep? What
should I do when the bank wants me to "reaffirm" my car loan--I
need that car? Los Angeles bankruptcy attorneys Leon Bayer and
Jeffrey Wishman share over 60 years of combined debt relief wisdom
in this little powerhouse of a book. Let them show you how real
humans take advantage of the generous Federal bankruptcy laws and
get a fresh start.
This sixth edition of the standard work on insolvency law uses an
all-new format. In an attempt to highlight the system and the
regulatory framework even more clearly, the volume is structured
with a stronger focus on the individual players and the key subject
matter. Following an introduction, part two concentrates on
debtors, creditors, and receivers. Part three is dedicated to
identifying and securing insolvency assets - the receiver's credo.
The course taken by insolvency proceedings is explored succinctly
in part four; then asset receivership in open proceedings is
explained. A special section is now also included dealing with
insolvency schemes, which are gaining in importance. The work is
rounded out by numerous case studies including solutions plus
schemata, ensuring that the handbook is a fast, efficient source of
information.
Should I File: A Definitive Guide to Bankruptcy is a book designed
for those considering filing for bankruptcy. It answers many of the
common questions and explains many of the benefits to bankruptcy
but also many of the problems. It helps readers determine if they
are eligible, what they can potentially keep, and how to navigate
through the process. Reading this book before hiring an attorney
will allow the reader to avoid many of the pitfalls common in
bankruptcy and will help then select competent legal
representation. What others are saying about "Should I File: A
Definitive Guide to Bankruptcy." "This book is a great resource for
those considering whether or not to file for bankruptcy." Jason
Miller author of the book "Excelling in Law School: A Complete
Approach." Miller also has commented that "Jeffrey Holst is one of
the smartest people I know." Ben Wetmore author of "Getting A Job
in Politics and Keeping it." Says that ..".this book gives a great
run down and explanation on the main points and answers the main
questions that anyone would have."
Please note this book has been updated. The new 2014 version (10th
Edition) can be purchased here: http: //amzn.com/1880730685. This
handbook contains everything an attorney needs to know to
successfully prosecute a Chapter 11 bankruptcy case. It contains
commentary and instructions on the preparation, filing and handling
of small business cases under Chapter 11 of the Bankruptcy Code. It
covers the filing and handling of Chapter 11 cases for small
businesses and individuals in any state or district. Ideal for
attorneys with all levels of familiarity with Chapter 11, from
attorneys who may not be familiar with Chapter 11 practice, to
experienced attorneys. This handbook has helped more than 10,000
attorneys expand and perfect their Chapter 11 practice nationwide.
This handbook contains: Instructions on handling every aspect of a
Chapter 11 case, from the initial interview to the closing of the
case; The complete text of the Federal Bankruptcy Rules and all
applicable chapters of the Bankruptcy Code; Samples of the
petitions, schedules, statements, motions and other documents used
in Chapter 11 cases; Informative questions and answers about
Chapter 11; Workouts and other nonbankruptcy alternatives; An
explanation of the employment and compensation of the debtor's
attorney in a Chapter 11 case; An explanation of when Chapter 11 is
preferable to Chapter 7 or 13; An explanation of how to prepare and
obtain approval of a Plan of Reorganization and a Disclosure
Statement; An explanation of the confirmation process in Chapter 11
cases; And much more
This handbook goes in depth on more than 25 of the most difficult
issues in Consumer Bankruptcy and Chapter 13 cases. Completely
updated for 2013 with more than 100 new citations. The issues
covered in the book include: The vulnerability of a debtor's
retirement funds and IRAs in bankruptcy; Dismissals for abuse under
Section 707(b); The dischargeability of divorce-related debts;
Avoiding liens under Section 522(f); The dischargeability of
drunk-driving debts; Avoiding liens under Section 506(d); The
dischargeability of unlisted debts; Redeeming Property under
Section 722; The dischargeability of fraud debts; Identifying
avoidable prefiling transfers; The dischargeability of student
loans; Recovering damages for stay violations; The dischargeability
of malicious injury debts; Curing defaults in Chapter 13 plans; The
dischargeability of tax debts and penalties; And much more
Leading Arizona Bankruptcy attorney, Lawrence "D" Pew, explains
Bankruptcy in a no-holds-barred interview. Mr. Pew discloses the
industry secrets, dispelling myths from the propaganda publicized
by the credit card companies. The ominous "they" are the
creditors-the credit card companies, payday loan lenders, auto
lenders, mortgage lenders, and banks. They benefit by what you
don't know. They want to keep you in debt, paying interest,
penalties, over-limit fees, and late fees. There is hope These
"Secrets" can help you make an informed decision about Bankruptcy
or other debt relief options. Don't wait. Discover these truths
today www.PewLaw.com
This document contains the Federal Rules of Bankruptcy Procedure,
as amended to December 1, 2011. The rules have been promulgated and
amended by the United States Supreme Court pursuant to law, and
further amended by Acts of Congress. This document has been
prepared by the Committee in response to the need for an up-to-date
document containing the latest amendments to the rules. For the
convenience of the user, where a rule has been amended a reference
to the date the amendment was promulgated and the date the
amendment became effective follows the text of the rule. The
Committee on Rules of Practice and Procedure and the Advisory
Committee on the Federal Rules of Bankruptcy Procedure, Judicial
Conference of the United States, prepared notes explaining the
purpose and intent of the amendments to the rules. The Committee
Notes may be found in the Appendix to Title 11, United States Code,
following the particular rule to which they relate.
In 1880 the federal Parliament of Canada repealed the Insolvent
Act of 1875, leaving debtor-creditor matters to be regulated by the
provinces. Almost forty years later, Parliament finally passed new
bankruptcy legislation, recognizing that what was once considered a
moral evil had become a commercial necessity. In Ruin and
Redemption, Thomas GW Telfer analyses the ideas, interests, and
institutions that shaped the evolution of Canadian bankruptcy law
in this era. Examining the vigorous public debates over the idea of
bankruptcy, Telfer argues that the law was shaped by conflict over
the morality of release from debts and by the divergence of
interests between local and distant creditors. Ruin and Redemption
is the first full-length study of the origins of Canadian
bankruptcy law, thus making it an important contribution to the
study of Canada's commercial law.
This latest edition of The Consumer Bankruptcy Handbook is current
to January 1, 2014 and covers all aspects of handling Chapter 7 and
Chapter 13 cases. Every Attorney Needs a Copy of Argyle's Consumer
Bankruptcy Handbook. Argyle's Attorney's Handbook on Consumer
Bankruptcy and Chapter 13 is a required resource for all civil
attorneys. It's no wonder this book has been Argyle's bestseller
for 38 years. This Handbook empowers you to competently handle a
client's Chapter 7 or 13 bankruptcy, or to represent a creditor in
one of these proceedings. This Handbook shows you how to: Analyze a
client-debtor's financial situation and analyze nonbankruptcy
alternatives. Understand the difference between Chapters 7 and 13
bankruptcies Conduct a means-test to determine eligibility under
Chapter 7 Interview a potential client-debtor. Prepare Chapter 7
bankruptcy forms, including official forms Prepare Chapter 13
bankruptcy forms, including official forms Claim all exemptions to
which your client is entitled Analyze the automatic stay Reaffirm
dischargeable debts. Dismiss or convert a case to another Chapter.
Prepare a confirmable Chapter 13 Plan The perfect "nuts and bolts"
practice guide, exemption manual, Bankruptcy Code, and Rules all in
one package. This handbook is perfect for attorneys seeking to
expand their practice into consumer bankruptcy, or is a handy desk
reference for experienced bankruptcy lawyers. This 467-page
handbook contains: Exemption amounts for all 50 states with
statutory references-over 2,300 separate exemptions All changes in
bankruptcy law, practice, and procedure current to January 1, 2014
related to the handling of Chapter 7 and Chapter 13 consumer cases;
The relevant text of the Bankruptcy Code current to January 1,
2014; The notices and disclosures required of attorneys under the
Bankruptcy Code; Expanded bankruptcy work sheets and updated lists
of exempt property for each state current to January 1, 2014;
Filled-in sample forms required under the Bankruptcy Code (more
than 35 filled-in forms); The Federal Rules of Bankruptcy
Procedure, current to January 1, 2014. Bonus Material is
Downloadable from Argyle's Website, includes: All Federal
Bankruptcy Forms in "Fillable," Savable PDF format. Entire Text of
the Bankruptcy Code. Entire Text of the Rules of Bankruptcy
Procedure Federal Rules of Evidence Federal Rules of Civil
Procedure Expand your practice area or continue to provide solid
legal advice by staying current with emerging trends in consumer
bankruptcy with this 2014 Edition of the Attorney's Handbook on
Consumer Bankruptcy and Ch. 13.
Tenth Edition, (2014) This revised and updated Chapter 11
bankruptcy book for attorneys / lawyers contains everything an
attorney needs to know to successfully prosecute a Chapter 11
bankruptcy case. It contains commentary and instructions on the
preparation, filing and handling of small business cases under
Chapter 11 of the Bankruptcy Code. It covers the filing and
handling of Chapter 11 cases for small businesses and individuals
in any state or district. Ideal for attorneys with all levels of
familiarity with Chapter 11, from attorneys who may not be familiar
with Chapter 11 practice, to experienced attorneys. This handbook
has helped more than 10,000 attorneys expand and perfect their
practice nationwide. This handbook contains: Instructions on
handling every aspect of a Chapter 11 case, from the initial
interview to the closing of the case The complete text of the
Federal Bankruptcy Rules and all applicable chapters of the
Bankruptcy Code revised to January 1, 2014 Samples of the
petitions, schedules, statements, motions and other documents used
in Chapter 11 cases Informative questions and answers about Chapter
11 Workouts and other nonbankruptcy alternatives An explanation of
the employment and compensation of the debtor's attorney in a
Chapter 11 case An explanation of when Chapter 11 is preferable to
Chapter 7 or 13 An explanation of how to prepare and obtain
approval of a Plan of Reorganization and a Disclosure Statement An
explanation of the confirmation process in Chapter 11 cases Every
book comes with a download of bonus content including a pdf copy of
the Bankruptcy Code, all exhibits from the book, and more
A workbook for clients of bankruptcy attorneys to assist in the
gathering and organization of documents and information needed to
prepare a bankruptcy petition.
Credit Repair Self Help When it comes to credit repair when you
have found yourself in a bad credit situation, self-help might be
the best route for you to go. It seems we are bombarded daily and
often with companies who claim that they can help you repair your
credit for a small fee and you won't have to worry about it at all.
However, the truth is that self help credit repair is not only
possible, but really the way to go. It isn't as difficult as many
people might think going about repairing your credit yourself. In
fact the newest trend in credit repair actually the self help road.
All you need to do is start by pulling a copy of your credit report
from all three credit reporting bureaus: Experian, Equifax, and
TransUnion. You are entitled to one free credit report per year
thanks to passage of the FACT Act. The other two, you'll have to
pay for, but the fee is usually small - between $10 and $15. After
you get your credit reports, the next self help step is to go
through those reports and check to see that the information is
accurate. Most of the time, there are going to be errors of some
type. These errors can vary from a past due account that has been
paid off to a debt that wasn't yours in the first place.If you find
errors, you need to contact the credit reporting agency both by
phone and in writing. You'll be asked to provide proof of the error
and then they, in turn are required to notify you in writing of
their decision to either remove it from your credit report or leave
it due to insufficient proof. Be diligent in this endeavor. An
accomplished self help credit repair program entails being
aggressive when it comes to your information and the accuracy of
that information.Another part of a self help credit repair program
includes the development of a long-term plan that will help you
keep your credit use under control and a plan for not getting into
credit problems again. Sure, credit counselors can help you do
this, but why pay the money and take the chance that you are
dealing with a less than reputable company? Do a little research
and you'll find that there is plenty of information available on
the Internet as well as software programs that can help you with
your self help credit repair program. Repairing your credit
yourself requires a commitment on your behalf, but in the long run,
you'll be pleased with the results - and knowing that you did it
yourself How to fix your credit How to raise your credit score 700
credit score 600 credit score What is a credit score
Delinquencies? Foreclosure? Problem Solved Foreclosures in Florida
are among the highest in the nation. Hundreds of thousands of
Floridians have lost their homes to foreclosure or are currently
struggling with that process. Finally, a Florida Foreclosure and
Bankruptcy attorney has created a practical step-by-step guide
specifically designed to tame the Florida foreclosure process. In
Save Your Florida Home ... Now, attorney Charles W. Price Cracks
reveals: * 36 ways to save your home, even if you have terrible
credit or are delinquent for months * How to stop the Florida
foreclosure process, dead in its tracks * All the key forms you
need including Sample Answers and Motions to Dismiss. With Charles
Price's easy-to-understand explanations and valuable insights *
Florida foreclosure and legal rules explained in plain English * 9
steps to slash your mortgage payments, even if you are in default
or foreclosure and how to negotiate the deal * How to obtain a
modification using the federal government HAMP program and
little-known private lender modification programs * 8 strategies
for leaving your home smartly and what happens next * How to handle
short sales, including tax liabilities relating to forgiveness of
indebtedness * Bankruptcy - Chapters 7 and 13. What they mean; key
considerations and how and when to use each strategically * The
secret to eliminating your second mortgage * Charles W. Price's
Ultimate Secret: the Florida Combination Strategy that will help
you save your home and slash your mortgage payments to rock bottom.
* How to improve your credit after foreclosure and get another
mortgage using Charles W. Price's exclusive RACE system In Save
Your Florida Home ... Now, attorney Charles W. Price explains in
plain English all of the time-tested techniques and practical
solutions he has used for more than 20 years to save thousands of
Florida homeowners from foreclosure.
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