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    Debtor-creditor law in a nutshell
    Bankruptcy and related law in a nutshell / by David G. Epstein.

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    • Title:[Debtor-creditor law in a nutshell]
      Bankruptcy and related law in a nutshell / by David G. Epstein.
    •    
    • Variant Title:Bankruptcy and related law
    • Author/Creator:Epstein, David G., 1943- author.
    • Published/Created:St. Paul, MN : West, a Thompson Reuters business, [2013]
      ©2013

    • Holdings

      Holdings Record Display

       
    • Library of Congress Subjects:Bankruptcy--United States.
      Debtor and creditor--United States.
    • Edition:Eighth edition.
    • Description:xxv, 498 pages ; 19 cm.
    • Series:Nutshell series.
    • Notes:First to fourth editions published under the title: Debtor-creditor law in a nutshell. Fifth edition published under the title: Bankruptcy and other debtor-creditor laws in a nutshell.
      Includes index.
    • ISBN:9780314279132
      031427913X
    • Contents:Machine generated contents note: ch. I Introductory Material
      A. What Is This Book About
      -A Preview
      B. Sources of Debtor-Creditor Law
      pt. I WHAT YOU NEED TO KNOW ABOUT CREDITORS RIGHTS LAWS OTHER THAN BANKRUPTCY (ASSUMING YOUR PROFESSOR SPENT ONLY TWO OR THREE CLASS PERIODS ON LAWS OTHER THAN THE BANKRUPTCY CODE)
      ch. II Overview Of State Collection Law
      A. What Can Creditors Do Outside of Bank-ruptcy?
      B. What Can a Debtor Do Outside of Bank-ruptcy?
      pt. II WHAT YOU NEED TO KNOW ABOUT BANKRUPTCY
      ch. III Bankruptcy: An Overview
      A. Bankruptcy Law
      B. Forms of Bankruptcy Relief
      C. Bankruptcy Courts and Bankruptcy Judges
      1. Under the Bankruptcy Act of 1898
      2. Under the Present Law
      D. Trustees
      E. United States Trustees
      ch. IV Commencement, Conversion and Dismissal of a Bankruptcy Case
      A. Voluntary Cases
      B. Involuntary Cases
      C. Foreign Debtors
      D. Conversion of Cases
      E. Dismissal
      F. Back to the Beginning: Consequences of Commencement
      ch. V Stay of Collection Actions and Acts
      A. Time Stay Arises
      B. Scope of the Stay
      1. Section 362
      2. Section 1301
      3. Section 105
      C. Termination of the Stay
      D. Relief From the Stay
      1. Section 362(d)(1)
      2. Section 362(d)(2)
      3. Section 362(d)(3)
      4. Section 362(d)(4)
      5. Relationship of Section 362(d)(1), Section 362(d)(2), Section 362(d)(3) and Section 362(d)(4)
      6. Burden of Proof in Section 362(d) Litigation
      ch. VI Property of the Estate
      A. Why Is Property of the Estate an Important Concept?
      B. What Does Property of the Estate Include?
      1. What Is Included in the Phrase "Interests of the Debtor in Property as of the Commencement of the Case"?
      2. What Else Is Included in Property of the Estate?
      3. What Is Excluded From Property of the Estate?
      ch. VII Exemptions
      A. What Property Is Exempt?
      1. What Law Determines What Property is Exempt in Bankruptcy?
      2. What Is the Effect of a Debtor's Contracting Away Her Exemptions?
      3. What Is the Effect of a Debtor's Claiming Too Much Property as Exempt?
      4. What Is the Effect of a Debtor's Convertng Non-Exempt Property to Extempt Property Before Filing for Bankruptcy?
      B. What Is the Significance in Bankruptcy of Exempt Property?
      1. General
      2. Section 522(f)
      3. Section 722
      ch. VIII Avoidance of Prebankruptcy Transfers
      A. What Are the Consequences of Avoiding a Transfer?
      B. Preferences
      1. Elements of a Preference
      2. Applying Section 547(b)
      3. Indirect Preferences
      4. Exceptions (Section 547(c))
      C. Setoffs
      D. Fraudulent Transfers and Obligations
      1. Section 548
      a. Foreclosure Sales
      b. Intercorporate Guarantees
      c. Leveraged Buyouts
      d. Remember Insolvency or
      e. Comparison of Fraudulent Transfers and Preferential Transfers
      f. Comparison of Section 548 and State Law
      2. Section 544(b)
      3. Comparison of Sections 548 and 544(b)
      E. Transfers Not Recorded or Otherwise Perfected
      1. Section 544(a) [a/k/a "strong arm clause"]
      2. Section 545(2)
      F. Transfers Not Timely Recorded or Otherwise Perfected
      1. Section 547(e)
      2. Section 548(d)
      3. Section 544(b) [not]
      G. Landlords' Liens
      H. Disguised Priorities
      I. Seller's Reclamation and Return Rights
      ch. IX Postbankruptcy Transfers
      A. When Do Postbankruptcy Transfers Happen?
      B. How Does a Postbankruptcy Transfer Happen?
      C. How Does Section 549 Affect Postbankruptcy Transfers of Property of the Estate by the Debtor?
      D. How Does Section 542 Affect Postbankruptcy Transfers of Property of the Estate by Third Parties?
      -
      ch. X Effect of Bankruptcy on Secured Claims
      A. What Is a Secured Claim?
      B. Invalidation of Liens
      C. Overview of Impact of Bankruptcy on Secured Claims
      D. What Can Happen to Secured Claims During Bankruptcy?
      1. Delay in Realizing on Collateral
      2. Debtor's Use, Lease or Sale of Collateral
      3. Nonaccrual of Interest
      4. Loss of Priority
      5. Limitations on Floating Liens
      6. Return of Repossessed Property
      7. Effect of Discharge on Secured Claims
      E. Satisfaction of Secured Claims
      1. Recovery of Collateral
      2. Payments of Amount Equal to the Value of the Collateral in Chapter 7 Cases and Chapter 11 Cases
      a. Chapter 7
      b. Chapter 11
      3. Cars and Houses in Chapter 13 Cases and Chapter 11 Cases With Individual Debtors
      F. Postponement of Tax Liens in Chapter 7 Cases
      ch. XI Claims
      A. Why Is "Claim" an Important Bankruptcy Concept?
      B. What Is a Claim? (And, Who Cares?)
      C. What Is an Unsecured Claim?
      D. Collection of Unsecured Claims From the Debtor
      E. What Property Is Distributed to Holders of Unsecured Claims?
      1. What Property Is Distributed to Holders of Unsecured Claims in Chapter 7 Cases?
      2. What Property Is Distributed to Holders of Unsecured Claims in Chapter 12 Cases, Chapter 13 and Individual Chapter 11 Cases?
      3. What Property Is Distributed to Holders of Unsecured Claims in Other Chapter 11 Cases?
      F. Which Holders of Unsecured Claims Are Eligible to Participate in the Bankruptcy Distribution?
      1. Proof of Claim
      2. Allowance
      a. Grounds for Disallowance in 502(b) and 502(d)
      b. Contingent Claims and 502(c) and 502(e)
      c. Time of Claim
      G. What Is the Order of Distribution?
      1. Treatment of Priority Claims in 7
      2. Treatment of Priority Claims in 11, 12, 13
      3. 507 Priorities
      4. Section 510 Treatment of Subordination
      5. Classification of Claims
      ch. XII Leases and Executory Contracts
      A. Effect of Rejection, Assumption, Assignment
      B. Procedure for Rejection or Assumption
      1. Chapter 7 (Other Than Nonresidential Real Property Leases)
      2. Chapters 11 and 13 (Other Than Nonresidential Real Property Leases)
      3. Nonresidential Real Property Leases in Chapters 7, 11 and 13 Cases
      C. Gap Period
      1. Nondebtor's Performance
      2. Debtor's Performance
      D. Limitations on the Effect of Rejection of a Lease or Executory Contract
      E. Limitations on Assumption and Assignment
      1. Contract Limitations
      2. Leases and Executory Contracts That Cannot Be Assumed or Assumed and Assigned
      3. Requirements for Assumption and Assignment
      F. Definition of Executory Contract
      ch. XIII Discharge
      A. Which Debtors Receive a Discharge?
      1. Chapter 7
      a. Substantive Grounds for Withholding a Chapter 7 Discharge
      b. Procedure for Objecting to a Chapter 7 Discharge
      2. Chapter 11 Cases: Business Entity Debtors
      3. Chapter 13
      4. Chapter 11 Cases: Individual Debtors
      B. Which Obligations Are Affected by a Bankruptcy Discharge?
      1. Chapter 7
      2. Chapter 11
      3. Chapter 13
      4. Procedure for Asserting an Exception to Discharge
      C. Effect of a Discharge
      1. What a Discharge Does
      2. What a Discharge Does Not Do
      a. No Protection of Co-Debtors
      b. No Effect on Liens
      3. Reaffirmation
      4. Protection From Discriminatory Treatment
      ch. XIV Chapter 13
      A. Commencement of the Case
      B. Co-Debtor Stay
      C. Trustees
      D. Preparation of the Chapter 13 Plan
      E. Confirmation of the Chapter 13 Plan
      F. Cramdown (or Cram Down) of Secured Claims in Chapter 13
      G. Treatment of Home Mortgages in Chapter 13 Plans
      H. Classification of Unsecured Claims
      I. Discharge
      J. Dismissal and Conversion
      K. Comparison of Chapters 7 and 13
      L. Comparison of Chapters 11 and 13
      ch. XV Chapter 11
      A. Commencement of the Case
      1. Filing the Petition
      2. Consequences of Commencing a Chapter 11 Case
      3. Notifying and Organizing the Creditors
      4. First Day Orders
      B. Operation of the Business
      1. Who Operates the Business?
      a. Debtor in Possession (DIP)
      b. Trustee
      c. Examiner
      2. Use of Encumbered Property Including Cash Collateral
      a. In Bankruptcy Most Property Is Subject to Liens
      b. But 362 Stay Stops Creditor From Repossessing
      c. And 363 Allows DIP to Use Collateral
      -With Conditions
      3. Basics of Funding a Debtor in Chapter 11 Bankruptcy Cases
      a. Possible Sources of Funding
      b. Comparison of Use of Cash Collateral With Debtor-In-Possession Financing (a/k/a DIP Financing)
      c. Obtaining Additional Unsecured Credit From Vendors in the Ordinary Course of Business
      d. Obtaining Unsecured Credit Not in the Ordinary Course of Business
      e. Obtaining Priority or Secured Credit
      f. Obtaining Priming Secured Credit
      g. Procedure for Obtaining Credit
      h. Safe Harbor
      i. Cross-Collateralization
      j. DIP Lender "Control" of Chapter 11 cases
      C. Section 363 Sales
      D. Preparation of the Chapter 11 Plan
      1. Exclusivity
      2. Contents of the Plan
      3. Funding for the Plan
      4. Classification of Claims
      E. Acceptance of the Plan
      1. Disclosure
      2. Who Votes?
      a. Impairment of Claims
      b. 1111(b) Elections
      3. Needed Majorities
      F. Confirmation of the Plan
      1. Standards for Confirmation
      a. Plans Accepted by Every Class
      b. Plans Accepted by Less Than Every Class
      2. Effect of Confirmation
      G. Special Forms of Chapter 11 Cases
      1. Prepackaged
      2. Small Business Cases
      3. Single Asset Real Estate Cases
      4. Individual Chapter 11 Cases
      ch. XVI Allocation of Judicial Power Over Bankruptcy Matters
      A. History
      1. 1898 Act
      2. 1978 Code
      3. Marathon Pipeline Decision
      Contents note continued: B. Operation of Present Law
      1. Bankruptcy Court as Part of the District Court, Section 151
      2. Grants of Jurisdiction to the District Court, Section 1334(a) and (b)
      3. Role of the Bankruptcy Court, Section 157
      4. Abstention Under Section 1334(c)
      5. Jury Trials
      6. Foreign Cases
      pt. III WHAT YOU NEED TO KNOW ABOUT CREDITORS RIGHTS LAW OTHER THAN BANKRUPTCY (ASSUMING YOUR PROFESSOR SPENT MORE THAN TWO OR THREE CLASS PERIODS ON LAWS OTHER THAN THE BANKRUPTCY CODE)
      ch. XVII Extrajudicial Collection Devices
      A. Common Law Limitations
      B. Debt Collection Practices Legislation
      ch. XVIII Judicial Debt Collection
      A. Exempt Property
      B. Prejudgment Remedies
      1. Attachment
      2. Prejudgment Garnishment
      3. Replevin
      4. Receivership
      C. Obtaining a Judgment
      D. Postjudgment Collection Concerns
      1. Judgment Liens
      a. Mechanics of Obtaining a Judgment Lien
      b. Scope of the Judgment Lien
      c. Enforcement of Judgment Lien
      d. Duration of Judgment Lien
      2. Execution Liens
      3. Comparison of Postjudgment Liens on the Debtor's Real Property With Postjudgment Liens on the Debtor's Personal Property
      4. Creditor's Bill
      5. Supplementary Proceedings
      6. Execution Sales
      7. Postjudgment Garnishment
      ch. XIX Fraudulent Transfers
      A. What Is Fraudulent Transfer Law?
      1. Statute of 13 Elizabeth
      2. "Badges of Fraud"
      3. UFCA
      4. UFTA
      B. Which Transfers Are Fraudulent Transfers?
      C. What Are the Consequences of Determining That a Transaction Is a Fraudulent Transfer?
      1. Who Has a Remedy?
      2. What Are the Remedies?
      3. Against Whom Can a Recovery Be Had?
      D. Looking Back: Fraudulent Transfer and Garnishment
      ch. XX Creditors With Special Rights
      A. Consensual Liens
      1. Security Interests
      a. Terminology and Organization of Article 9
      b. Section 9-317
      c. Part 6 of Article 9
      2. Mortgages
      B. Liens by Operation of Law
      1. Common Law Liens
      2. Equitable Liens
      C. State Statutory Liens
      D. Federal Claims
      1. Federal Priority Provision
      2. Federal Tax Lien
      a. When Does the Federal Tax Lien Arise?
      b. What Property Is Covered by a Federal Tax Lien?
      c. How Can the Tax Lien Be Enforced?
      d. What Are the Rights of a Third Party Who Buys Property From the Taxpayer After the Tax Lien Arises?
      e. What Are the Rights of the Taxpayer's Other Creditors?
      3. Circuity of Priority Problems
      4. Other Federal Claims
      E. Setoff and Recoupment
      ch. XXI Debtor's State Law Remedies A/K/A Collective Creditor Action
      A. Assignments for the Benefit of Creditors
      B. Workouts A/K/A Composition and Extension.
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