The Law of Debtors and Creditors


Book Description

Integrating the 1994 amendments To The Bankruptcy Act, this edition of Elizabeth Warren and Jay Westbrook's lively problem-based casebook is an outstanding choice for teaching debtor/creditor and bankruptcy law. The Third Edition of LAW OF DEBTORS AND CREDITORS: Text, Cases, and Problems builds on the extraordinary success of its previous edition, with: new problems and materials to reflect the 1994 statutory changes, including: The 1994 consumer bankruptcy amendments; the overruling of DePrizio; and changes throughout in dollar values more than 20 new cases, including Heintz v. Jenkins new newspaper articles on deadbeat dads, flawed bankruptcies, and more the latest empirical studies and scholarly literature. Excellent pedagogy: more than 50 realistic problem sets - including problems reflecting the 1994 statutory changes - that challenge students to learn and apply legal rules in the context of consumer and business issues a 'megaproblem' that runs throughout the book that shows the interrelationship of state law, consumer law, And The business bankruptcy system thorough and lucid explanatory text that gets students into the material faster and deeper a superb Teacher's Manual that highlights the statutory changes made since the last edition.




The Law of Debtors and Creditors


Book Description

The Law of Debtors and Creditors is a new case book for a three-unit law school course focusing on the basic principles of American debtor-creditor law. The book focuses on the law of execution on money judgments, using New York law as a paradigm. It also thoroughly covers fraudulent conveyance law, as it exists under state law and under bankruptcy in general. The book also explores the basic principles of chapter 7 liquidation, as well as a thorough review of the avoidance powers granted to a bankruptcy trustee under the Bankruptcy Code. Excluded from this volume is coverage of issues unique to consumer bankruptcy, on which the author has published a separate case book with Vandeplas Publishing, LLC. About the author: David Gray Carlson is Professor of Law at the Benjamin N. Cardozo School of law. He is the author of a treatise on secured credit in bankruptcy and of over sixty law review articles on various aspects of bankruptcy and debtor-creditor law. Many of these articles have involved procedural and constitutional issues connected with the enforcement of money judgments obtained in state and federal courts and issues involving fraudulent conveyance and voidable preference law, all of which are implicated in the current volume. He has taught a basic debtor-creditor course for over 25 years. Besides teaching at Cardozo Law School, Carlson has taught at the George Washington School of Law, the, University of Miami Law School, the University of Michigan Law School, Washington & Lee School of Law, and the Interdisciplinary Institute at Herzlya, Israel.










The Law of Debtors and Creditors


Book Description

This guidebook comprehensively covers the legal issues related to the collection of all types of debts, including: business and consumer debts, and secured and unsecured transactions. Judicial debt collection, UCC Article 9 provisions for debt regulation, statutory liens, and other debtor-creditor issues are presented.







Bankrupt in America


Book Description

In 2005, more than two million Americans—six out of every 1,000 people—filed for bankruptcy. Though personal bankruptcy rates have since stabilized, bankruptcy remains an important tool for the relief of financially distressed households. In Bankrupt in America, Mary and Brad Hansen offer a vital perspective on the history of bankruptcy in America, beginning with the first lasting federal bankruptcy law enacted in 1898. Interweaving careful legal history and rigorous economic analysis, Bankrupt in America is the first work to trace how bankruptcy was transformed from an intermittently used constitutional provision, to an indispensable tool for business, to a central element of the social safety net for ordinary Americans. To do this, the authors track federal bankruptcy law, as well as related state and federal laws, examining the interaction between changes in the laws and changes in how people in each state used the bankruptcy law. In this thorough investigation, Hansen and Hansen reach novel conclusions about the causes and consequences of bankruptcy, adding nuance to the discussion of the relationship between bankruptcy rates and economic performance.







Debtor-creditor


Book Description

This unique book comprehensively reintroduces creditors' remedies and debtors' rights under state and federal, nonbankruptcy law. The coverage: includes commercial and consumer debt transactions; spans the full range of both new and traditional means of judicial and private enforcement; explores modern arrangements for structuring debt and security; focuses consistently on the core issues of defining who is liable for the debt and who has what rights in what property; and probes how debtor-creditor law applies and adapts, by public or private law, to modern transactional forms and circumstances and also to contemporary attitudes about the proper balance of debtors' and creditors' interests. The text will support almost anything the professor wants to teach. The book is designed and arranged so that its many discrete topics and materials stand alone and allow a professor to easily select and arrange its content to exactly fit courses of va




Debtors and Creditors in America


Book Description

Americans now depend more heavily upon credit than any other society on Earth, or any other time in history. Borrowing has become a way of life for millions of families, and it is hard to imagine a time when charge accounts did not exist. Nonetheless, it would be a mistake to assume that, because a wallet filled with plastic instead of cash is a relatively new phenomenon, Americans have not been borrowers and lenders since the colonization of the New World. Author Peter J. Coleman proves otherwise. In one Form or another -- notes of hand, book credit, commercial paper, mortgages, land contracts -- settlers borrowed to pay their passage from Europe, to buy and clear land, to build and operate mills, to purchase slaves, and to gamble and drink. Debtors' prison awaited those who could not pay their debts, and a pauper's grave received the unfortunate who lacked the private means to feed and clothe himself in prison. While the debtors' prisons described in this book no longer exist, the author maintains that our credit-oriented society has yet to devise cheap, efficient, equitable, and humane methods of enforcing contracts for debt.