Bankruptcy

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Format: Hardcover
Pub. Date: 1993-01-01
Publisher(s): West Academic
List Price: $113.00

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Summary

Uniquely authoritative and intellectual, the Hornbook Series serves as the definitive supplement to classroom discussions and casebook studies with clear explanations of the law and references to cases, statutes, and articles. Epstein, Nickles, and White's Hornbook on Bankruptcy focuses its attention on the central issues of bankruptcy, including commencement, dismissal, and conversion; automatic stay; the use, sale, and lease of estate property; avoidance powers; liquidation; exempt property; individual and business reorganization; proceedings; jurisdiction; and procedure. A condensed version of the authors? three-volume treatise, the hornbook points out where materials are omitted, allowing for easy cross-reference. Hornbooks broaden one's understanding of topical areas of law, providing historical background as well as insight into contemporary issues and future directions of the law. Available for dozens of topics and considered the finest resource in primary legal education, the Hornbook Series is recommended by more professors than any other study guide.

Table of Contents

Editorial Note to Student Edition v
Preface to Three Volume Treatise vii
Acknowledgments ix
Bankruptcy Law Research on Westlaw xi
Overview of Bankruptcy
1(14)
Commencement, Dismissal, and Conversion
15(42)
Commencement
16(26)
Dismissal
42(13)
Conversion
55(2)
Automatic Stay
57(114)
Scope of the Stay
64(63)
Duration of the Stay
127(28)
Consequences of Violating the Stay
155(16)
Use/Sale/Lease of Estate Property
171(52)
Leases and Executory Contracts
223(49)
Scope of Section 365
226(8)
Consequences of Section 365
234(9)
Assumption or Rejection
243(8)
Executory Contracts and Unexpired Leases That Cannot Be Assumed
251(8)
Contracts That Cannot Be Assigned
259(2)
Requirements for Assumption and Assignment
261(5)
Gap Period
266(5)
``Special'' Leases and Contracts
271(1)
Avoidance Powers
272(175)
Preference, Section 547
278(81)
Setoff, Section 553
359(6)
Fraudulent Transfers
365(25)
``Strong-Arm'' Powers, Section 544(a)
390(11)
Statutory Liens, Section 545
401(5)
Sellers' Right of Reclamation, Section 546(c)
406(1)
Postpetition Transfers, Sections 549, 542 and 552
406(13)
Consequences of Avoidance
419(16)
Pseudo Avoidance Powers
435(12)
Liquidation
447(145)
Claims, Expenses, and Distributions in Chapter 7
454(18)
Discharge
472(80)
Reaffirmation, Section 524(c)
552(12)
Liquidation---Continued
Protection Against Discriminatory Treatment, Section 525
564(11)
Dismissal
575(9)
Redemption, Section 722
584(8)
Exempt Property
592(59)
Property That Is Exempt in Bankruptcy
598(23)
Debtor's Avoidance of Transfers of Exempt Property
621(25)
Exemption ``Planning'' in Anticipation of Bankruptcy
646(4)
Pseudo-Exemptions
650(1)
Individual Reorganization: Chapters 13 and 12
651(80)
Individuals With Regular Income
652(77)
Chapter 12---Family Farmers With Regular Income
729(2)
Business Reorganization: Chapter 11
731(50)
Operating the Business After the Chapter 11 Filing
737(8)
The Trustee, Examiners, Committees
745(11)
The Plan of Reorganization
756(13)
Claims
769(11)
Post-Confirmation Issues
780(1)
Retrospective
780(1)
Selected Topics in Chapter 11 Proceedings
781(75)
Claims
782(17)
Mega-Claims
799(13)
Waiting for the Debtor's Plan: The ``Exclusivity Period,'' Section 1121(d)
812(7)
Disclosure and Plan Approval
819(19)
Absolute Priority and New Value
838(16)
Bankruptcies Involving Partnerships
854(1)
Substantive Consolidation
855(1)
Jurisdiction and Procedure
856(45)
Jurisdiction and Allocation of Judicial Power
856(16)
Venue
872(10)
Appeals
882(4)
Jury Trial
886(15)
Table of Cases 901(100)
Table of Statutes 1001(54)
Index 1055

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