This casebook for a basic bankruptcy course takes a deal-oriented finance approach to bankruptcy, with a focus on business bankruptcy. The student will not only learn the major elements of bankruptcy and corporate reorganization in chapter 11 of the Bankruptcy Code, but also the major facets of bankruptcy that influence financing transactions. The hidden message behind these materials is how to understand complex financial deal-making and how to integrate finance with law, in the context of bankruptcy.
As part of the In Focus Casebook Series, Business Bankruptcy Law In Focus, offers a comprehensive, practice-oriented approach to the legal and practical aspects of business bankruptcy. By providing real world scenarios throughout, the text gives students numerous opportunities to apply what they are learning, and solidify their understanding of important concepts. Clear explanatory text, case previews and case follow ups further clarify the doctrine and aid in student understanding of concepts. With its focus on business bankruptcy, this text begins by reviewing the basics of business entities and debt along with essential business bankruptcy concepts, then moves onto covering powers of debtor in possession, drafting and confirming a plan of reorganization, evolving forms of business bankruptcy (e.g. liquidation of assets, prepackaged and pre-negotiated, structured dismissals, etc.). It then introduces cross-border insolvencies under Chapter 15 of the Code, bankruptcy jurisdiction, including core and noncore proceedings following the Supreme Court decision in Stern v. Marshall. Features: Fresh approach that uses selected cases to illustrate key developments in the law and to show how courts develop and apply doctrine Approachable manner and assessment features provide an experiential environment for students Hands-on approach encourages students to apply concepts to real-world scenarios, offer many opportunities for students to apply their knowledge Assessment features include: Real Life Applications Applying the Concepts Case Previews and Post Case Follow Ups
Business Bankruptcy: Financial Restructuring and Modern Commercial Markets provides students with a contemporary stand-alone business bankruptcy text. Designed to teach financial restructuring law in a realistic twenty-first century commercial context, the book explores not only Chapter 7 and 11 bankruptcy, but also out-of-court restructuring, modern financial products and transactions, as well as advanced in-court topics. This dynamic casebook is ideal for students who will go into financial restructuring practices and should be targeted to Tier 1 and Tier 2 law schools, especially those faculty members who have recent practice experience and know how out of date the existing competition remains. Look for these key features in the new edition: Expository text with tightly integrated statutory excerpts Covers both classic and contemporary cases Extensive problem sets In-depth case-studies contextual judicial decisions Unique coverage of legal issues in out-of-court restructuring Detailed coverage of modern financial products and markets Text and problem sets incorporate a range of deal documents Modular design enables optional coverage of advanced topics
The first edition of Corporate Reorganization in Bankruptcy is designed to teach students the legal and financial principles of business bankruptcy law. The casebook is ideal for second- and third-year law students who are considering a career in business bankruptcy specifically. Each chapter is comprised of case excerpts with questions to prompt discussion and analysis, short readings that summarize the relevant rules, doctrines, and financial concepts, and problems requiring students to apply the legal and financial principles learned from hypothetical fact patterns. With an emphasis on the principles of finance, Corporate Reorganization in Bankruptcy examines each of the major types of investors in a business corporation. In addition, it includes a thorough treatment of Section 363 sales, banking and systemic risk.
An updated look at how corporate restructuring really works Stuart Gilson is one of the leading corporate restructuring experts in the United States, teaching thousands of students and consulting with numerous companies. Now, in the second edition of this bestselling book, Gilson returns to present new insight into corporate restructuring. Through real-world case studies that involve some of the most prominent restructurings of the last ten years, and highlighting the increased role of hedge funds in distressed investing, you'll develop a better sense of the restructuring process and how it can truly create value. In addition to "classic" buyout and structuring case studies, this second edition includes coverage of Delphi, General Motors, the Finova Group and Warren Buffett, Kmart and Sears, Adelphia Communications, Seagate Technology, Dupont-Conoco, and even the Eurotunnel debt restructuring. Covers corporate bankruptcy reorganization, debt workouts, "vulture" investing, equity spin-offs, asset divestitures, and much more Addresses the effect of employee layoffs and corporate downsizing Examines how companies allocate value and when a corporation should "pull the trigger" From hedge funds to financial fraud to subprime busts, this second edition offers a rare look at some of the most innovative and controversial restructurings ever.
This book was written to fill the gap between the purely problem-driven and the wholly case-law approaches in the available teaching materials for bankruptcy. The book deals with both consumer and business bankruptcies and avoids an unremitting political or theoretical perspective. Coverage includes creditors' rights and remedies, the first consequences of bankruptcy, unsecured claims in bankruptcy, secured claims in bankruptcy, avoiding powers, executory contracts and unexpired leases, discharge, and reorganization. The new edition features the latest cases, both as principal cases and as the foundation for questions and problems.
The new edition of Cases, Problems & Materials on Bankruptcy retains the sophistication of the original Baird & Jackson casebook & has been refashioned so that it is easier to teach. Foundation Press is proud to welcome this casebook into its line of Bankruptcy titles. Part One Debt I. The Role of Debt II. Debt Collection Part Two Elements of Bankruptcy III. A Road Map to Bankruptcy Law IV. Eligibility for Bankruptcy V. Claims Against the Estate VI. Assets of the Estate VII. Strong Arm Powers VIII. Avoiding the Opt-Out Problem: Prebankruptcy Transfers IX. Avoiding the Opt-Out Problem: The Automatic Stay X. Managing the Estate XI. Concluding the Case: Payout Part Three The Individual's Fresh Start XII. Limitation of Creditors Reach XIII. Adjustment of an Individual's Debts Part Four Business Reorganization XIV. The Absolute Priority Rule XV. Effect of Confirmation XVI. Beyond Simple Corporate Reorganization Part One of the book reviews the basic principles of the debtor-creditor relationship. Part Two surveys the elements of bankruptcy common to every case. Part Three addresses questions that apply specifically to an individual debtor's fresh start. Part Four addresses questions that apply specifically to a business debtor's reorganization. Each chapter introduces an essay on how the topic of the chapter fits into an overarching bankruptcy framework. Then there appear, in unfailing order, cases, notes, & problems. Each subchapter is integrated to work as a unit suitable for a single class. A detailed teacher's manual answers all the problems & underscores the rationale behind the cases & materials. The materials are designed so the instructor can use a traditional case method or the problem method, or a combination.
Together, the four co-authors have taught bankruptcy courses at more than 20 very different law schools; one of them sat as a bankruptcy judge for nine years; and all four have substantial practice experience. Drawing on their diverse experience, they have prepared original text, problems, and edited cases with three goals in mind: (1) introduce students to one new bankruptcy concept at a time, (2) show students the connection among the various concepts and (3) give the students a sense of how these bankruptcy concepts are utilized in both the smallest personal and largest business bankruptcy cases. For more information and additional teaching materials, visit the companion site.
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.
Bankruptcy Law: Principles, Policies, and Practice, Fourth Edition puts bankruptcy law in context, illuminating the evolution of the Bankruptcy Code with an exploration of current and historical non-bankruptcy remedies. The book continually approaches each topic through the goals of creditors and debtors, exploring how each is served in various parts of the Code. Extensive questions and numerous problems focus student attention on the mechanics of the bankruptcy process. But they do so through the lens of history and policy, and they explain why the law is the way it is. The authors' aim in designing the casebook was to provide a very accessible medium for introducing students to bankruptcy law in a sophisticated manner. As the title indicates, the emphasis is on the relationship between the core principles essential to an understanding of the law, the policies animating those principles, and the challenges presented by the effectuation of those principles and policies in bankruptcy practice. In its methodology, Bankruptcy Law: Principles, Policies, and Practice relies on a variety of expository tools—textual discussion, comprehension questions, problems, cases and thought / discussion questions—all with a careful eye toward building upon previous materials and concepts. The eBook versions of this title feature links to Lexis Advance for further legal research options.
Basic Bankruptcy Law for Paralegals, Abridged Edition evolved from a need to develop a nuts-and-bolts description of the bankruptcy system written in a manner that could be easily understood by nonlawyers. The primary intent has been to design this text as a basic primer for legal assistants or paralegal students to help them grasp the practical aspects of representing debtors or creditors within the bankruptcy system. To meet this challenge, the authors have explained practice and theory together in as concise a format as possible. This Abridged Edition focuses primarily upon consumer bankruptcy since the vast majority of bankruptcy cases are filed as consumer Chapter 7 or Chapter 13 cases.
This comprehensive text includes exhaustive analysis and discussion of the 2005 BAPCPA amendments and evolving case law, and covers an overview of bankruptcy; invoking bankruptcy relief; automatic stay; jurisdiction and procedure; property of the estate; trustee's avoiding powers; payment of claims; executory contracts and unexpired leases; exemptions; discharge; reorganization under Chapter 11; debt adjustments under Chapter 13 (individuals); and debt adjustments under Chapter 12 (family farmers and fishermen).
Law school casebook that covers the law of intellectual property and unfair competition. The casebook provides the tools for fast, easy, on-point study. Part of the University Casebook Series®, it includes selected cases designed to illustrate the development of intellectual property law. Text and explanatory materials designed for law study accompany the cases.
This casebook furnishes the full canon of bankruptcy law developed under the 1978 Code as amended post-BAPCPA. Carefully selected principal cases, thoughtful notes, and well-constructed problems explicate current law and connect it with bankruptcy's rich history while engaging current scholarly and policy debates. In one manageable volume, this casebook provides adopters the most up-to-date teaching material on the market for both business and consumer bankruptcy classes. A new chapter, "The Sale Alternative," describes and critiques the booming use of going concern 363 sales in lieu of traditional reorganization. The 2014 ABI Report proposing fundamental changes to chapter 11 practice is highlighted. Cross-border and jurisdictional materials reflect Chapter 15's coming of age and the progress of Stern v. Marshall's jurisdictional revolution. Current developments in avoiding powers, from Ponzi cases to highly-leveraged transactions, are incorporated.
The second edition of this casebook treats the subject of aggregate litigation as a coherent whole. The new authors have preserved the original focus while updating, revising and enriching the discussions of particular topics. The materials on class actions have been tightened and reorganized, reflecting recent judicial decisions that have made class actions harder to certify, and the materials on other procedural devices, including consolidations and arbitration, have been strengthened. The discussions contain more information about litigation strategies, judicial practices, financial considerations, and empirical findings. As before, this book fills three gaps in the market for teaching materials on the U.S. civil justice system. First, it establishes aggregate litigation as a cohesive field of procedural law, one that encompasses all devices for processing claims en masse, including class actions, multi-district litigations and other forms of consolidation, aggregate settlements, parens patriae lawsuits, bankruptcy reorganizations, and private arbitrations. Second, the casebook confronts forthrightly the reality of our civil justice system as one geared toward settlement, not the rare event of trial. From this vantage point, the casebook sees the processes for aggregate litigation as vehicles through which to achieve comprehensive, or broadly encompassing, resolution of related civil claims. Third, the casebook frames the legitimacy of preclusion in aggregate litigation by drawing, among other things, on aspects of private contract and public legislation. In so doing, the casebook encourages students to see cross-cutting connections with their other courses on such topics as contracts, corporations, and administrative law.
Previous edition, 2nd, published in 1990.
The first edition of Corporate Reorganization in Bankruptcy is designed to teach students the legal and financial principles of business bankruptcy law. The casebook is ideal for second- and third-year law students who are considering a career in business bankruptcy specifically. Each chapter is comprised of case excerpts with questions to prompt discussion and analysis, short readings that summarize the relevant rules, doctrines, and financial concepts, and problems requiring students to apply the legal and financial principles learned from hypothetical fact patterns. With an emphasis on the principles of finance, Corporate Reorganization in Bankruptcy examines each of the major types of investors in a business corporation. In addition, it includes a thorough treatment of Section 363 sales, banking and systemic risk.

Best Books