Cases Problems and Materials on Bankruptcy,9781587781544

Cases Problems and Materials on Bankruptcy

by ; ;
Edition: 3rd
ISBN13: 9781587781544
ISBN10: 1587781549
Format: Hardcover
Pub. Date: 2001-11-01
Publisher(s): Foundation Pr
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Summary

The new edition of Cases, Problems and Materials on Bankruptcy retains the sophistication of the original Baird and Jackson casebook and has been refashioned so that it is easier to teach. Law school casebook that offers a clear explanation of the bankruptcy process while simultaneously challenging the student with commentary and questions that explore both new and classical bankruptcy themes. Part of the University Casebook Series, it features expertly edited cases, text and questions for classroom discussion.

Table of Contents

Preface to Revised Third Edition ix
Note on Citations and Conventions xiv
Part One Debt and the Need for Bankruptcy Law
Individual Debt Collection Outside of Bankruptcy
4(16)
The Rights of General Creditors
5(7)
The Rights of Secured Creditors
12(8)
Bankruptcy as a Collective Debt Collection Remedy
20(34)
The Purposes of Bankruptcy and the Butner Principle
20(11)
A Road Map to the Bankruptcy Code
31(9)
The Bankruptcy Forum
40(14)
Part Two The Bankruptcy Process
Commencement of the Case
54(34)
Eligibility for Bankruptcy
54(10)
In re Treasure Island Land Trust
59(5)
Filing the Bankruptcy Petition
64(13)
In re Kingston Square Associates
68(9)
Dismissal and Abstention
77(11)
In re Colonial Ford
79(9)
The Automatic Stay
88(36)
Creditor Actions and the Automatic Stay
89(9)
Official Bondholders Committee v. Chase Manhattan Bank
92(6)
Scope of the Automatic Stay
98(11)
In re Cahokia Downs, Inc.
101(2)
In re M.J. & K. Co
103(6)
Exceptions to the Automatic Stay
109(15)
In re Federal Communications Commission
113(3)
United States v. Nicolet, Inc.
116(8)
Claims Against the Estate
124(47)
A Claim and When It Arises
124(13)
Ohio v. Kovacs
126(5)
Epstein v. Official Committee of Unsecured Creditors
131(6)
Allowing and Estimating Claims
137(23)
Raleigh v. Illinois Department of Revenue
140(4)
Bittner v. Borne Chemical Co
144(5)
In re A.H. Robins Co
149(11)
Secured Claims
160(11)
Associates Commercial Corp. v. Rash
162(9)
The Bankruptcy Estate
171(27)
The Debtor's Interest in Property
171(18)
Begier v. Internal Revenue Service
177(12)
Ipso Facto Modifications
189(9)
In re L. Lou Allen
193(5)
Executory Contracts
198(43)
Executory Contracts Defined
200(11)
Enterprise Energy Corp. v. United States
202(9)
Assumption
211(19)
Perlman v. Catapult Entertainment, Inc
216(6)
Institut Pasteur v. Cambridge Biotech Corp
222(8)
Rejection
230(11)
Leasing Services Corp. v. First Tennessee Bank
231(3)
In re Register
234(7)
The Avoiding Powers
241(114)
The Trustee's Strong-Arm Power
241(24)
Asserting Rights of Hypothetical Creditors and Purchasers
242(4)
Kors, Inc. v. Howard Bank
246(7)
Asserting Right of Actual Creditors
253(2)
In re Ozark Restaurant Equipment Co.
255(10)
Statutory Liens
265(11)
In re Walter
268(8)
Fraudulent Conveyances
276(31)
Reasonably Equivalent Value
282(1)
BFP v. Resolution Trust Corp
282(8)
Unreasonably Small Capital
290(2)
Moody v. Security Pacific Business Credit Inc.
292(15)
Voidable Preferences
307(35)
Scope of Preference Law
308(7)
P.A. Bergner & Co. v. Bank One
315(9)
Earmarking Doctrine
324(1)
In re Heitkamp
325(4)
Safe Harbors
329(6)
Union Bank v. Wolas
335(7)
E. Setoffs
342(13)
Braniff Airways Inc. v. Exxon Co
346(9)
Managing the Estate
355(98)
Turnover of Property
356(9)
United States v. Whiting Pools, Inc
357(8)
Adequate Protection
365(21)
United Savings Association v. Timbers of Inwood Forest Associates, Ltd.
371(12)
Administering Property
383(3)
Use of Assets
386(28)
Official Committee of Equity Security Holders v. Mabey
386(8)
Sale of Assets
394(1)
In re Lionel Corp
395(12)
Abandonment
407(1)
Midlantic National Bank v. New Jersey Department of Environmental Protection
408(6)
Financing the Estate
414(39)
Debtor-in-Possession Financing
418(1)
In re Saybrook Manufacturing Co.
419(7)
Administrative Expenses
426(1)
Reading Co. v. Brown
427(7)
In re Wall Tube & Metal Products Co.
434(4)
Microsoft Corp. v. DAK Industries, Inc
438(15)
Part Three Disposition of the Case
Priorities in Distribution
453(16)
Codified Priorities
455(2)
Judicial Subordination
457(12)
In re Clark Pipe & Supply Co., Inc.
459(10)
The Fresh Start for Individual Debtors
469(62)
Unbundling Interests in Property
475(18)
Dewsnup v. Timm
482(11)
Exempt Property
493(17)
In re Geise
497(6)
Owen v. Owen
503(7)
Scope of the Discharge
510(7)
Houston v. Edgeworth
513(4)
Denial of Discharge
517(14)
Norwest Bank Nebraska v. Tveten
522(9)
Adjustment of Individual Debt in Chapter 13
531(29)
Repayment Obligation on Unsecured Claims
535(8)
In re Jones
537(6)
Treatment of Secured Claims
543(17)
Witt v. United Companies Lending Corp
547(5)
In re Mattson
552(8)
Corporate Reorganizations in Chapter 11
560(84)
Plan of Reorganization
565(60)
Classification
575(4)
In re Wood brook Associates
579(5)
Voting
584(3)
Figter, Ltd. v. Teachers Insurance & Annuity Association
587(7)
Absolute Priority Rule
594(9)
Bank of America v. 203 North LaSalle Street Partnership
603(10)
Best-Interests Test
613(2)
In re Crowthers McCall Pattern, Inc.
615(10)
Transnational Bankruptcy
625(15)
Maxwell Communication Corp v. Societe Generale
628(12)
Responsibilities of Professionals
640(4)
Everett v. Perez
644

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