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American Business Bankruptcy by Stephen J. Lubben Pdf
The second edition of the first and only concise introduction to American business insolvency law, this volume provides a succinct overview of American business bankruptcy as it is actually practiced, integrating the law as written and implemented, and now includes coverage of the Small Business Reorganization Act.
Chapter 11: Reorganizing American Businesses, The Essentials is part Aspen’s new Essentials series, which takes a “forest rather than the trees” approach to teaching. This concise paperback concentrates on the fundamentals of business bankruptcy law and uses an informal, essay-like style to explain them. In addition to developing the important ideas in business bankruptcy, the author also takes a look at some of the more important operational elements in order to bring the material to life. Suitable for use with any casebook, this text clarifies the important topics and bridges the gap of understanding for the student.
American Bar Association. Business Bankruptcy Committee
Author : American Bar Association. Business Bankruptcy Committee Publisher : American Bar Association Page : 0 pages File Size : 47,6 Mb Release : 2021 Category : Bankruptcy ISBN : 1639050191
The Bankruptcy Claims Handbook by American Bar Association. Business Bankruptcy Committee Pdf
A practical resource for novice and seasoned bankruptcy lawyers, this second edition includes recent case law and substantial updates. It provides an understanding of the bankruptcy claims process, rights and duties of debtors and creditors, priority scheme, the objection process, and grounds for challenging discharge of a particular claim. Includes legal analysis and answers important questions.
Author : Bruce G. Carruthers,Terence Charles Halliday Publisher : Oxford University Press on Demand Page : 582 pages File Size : 49,8 Mb Release : 1998 Category : Law ISBN : 0198264720
Rescuing Business by Bruce G. Carruthers,Terence Charles Halliday Pdf
Corporate bankruptcy is a defining characteristic of the market economy. It encapsulates the fundamental conflicts between capital and labour, owners and managers, debtors and creditors, the state and the market. Yet, with one or two notable exceptions, the political and social dynamics ofbankruptcy law and practice have been overlooked by serious socio-legal scholars. This book remedies that neglect. Adopting an approach that compares English and American law, the authors identify the underlying political forces that established corporate bankruptcy law on both sides of the Atlantic. The book demonstrates how, by a recursive loop of professional self-interest,corporate insovency regulation is the creation of the lawyers who interpret and administer it. This book will be welcomed as an important sociological study and advances our understanding of how substantive law results from conflicts among the professionals who help to create it.
Author : Edward J. Balleisen Publisher : Univ of North Carolina Press Page : 344 pages File Size : 48,5 Mb Release : 2003-01-14 Category : History ISBN : 9780807875506
The "self-made" man is a familiar figure in nineteenth-century American history. But the relentless expansion of market relations that facilitated such stories of commercial success also ensured that individual bankruptcy would become a prominent feature in the nation's economic landscape. In this ambitious foray into the shifting character of American capitalism, Edward Balleisen explores the economic roots and social meanings of bankruptcy, assessing the impact of widespread insolvency on the evolution of American law, business culture, and commercial society. Balleisen makes innovative use of the rich and previously overlooked court records generated by the 1841 Federal Bankruptcy Act, building his arguments on the commercial biographies of hundreds of failed business owners. He crafts a nuanced account of how responses to bankruptcy shaped two opposing elements of capitalist society in mid-nineteenth-century America--an entrepreneurial ethos grounded in risk taking and the ceaseless search for new markets, new products, and new ways of organizing economic activity, and an urban, middle-class sensibility increasingly averse to the dangers associated with independent proprietorship and increasingly predicated on salaried, white-collar employment.
Bankruptcy by David G. Epstein,Bruce A. Markell,Steve H. Nickles,Lawrence Ponoroff Pdf
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.
“A definitive account . . . It’s hard to imagine anyone better than Paul Ingrassia to ‘ride shotgun’ on a journey through the sometimes triumphant, often turbulent, history of U.S. automaking. . . . [A] wealth of amusing, astonishing and enlightening nuggets.”—Pittsburgh Tribune-Review This is the epic saga of the American automobile industry’s rise and demise, a compelling story of hubris, missed opportunities, and self-inflicted wounds that culminates with the president of the United States ushering two of Detroit’s Big Three car companies—once proud symbols of prosperity—through bankruptcy. With unprecedented access, Pulitzer Prize winner Paul Ingrassia takes us from factory floors to small-town dealerships to Detroit’s boardrooms to the White House. Ingrassia answers the big questions: Was Detroit’s self-destruction inevitable? Why did Japanese automakers manage American workers better than the American companies themselves did? Complete with a new Afterword providing fresh insights into the continuing upheaval in the auto industry—the travails of Toyota, the revolving-door management and IPO at General Motors, the unexpected progress at Chrysler, and the Obama administration’s stake in Detroit’s recovery—Crash Course addresses a critical question: America bailed out GM, but who will bail out America? With an updated Afterword by the author Praise for Crash Course “In order to understand just how much of a mess it was—not to mention how it got that way and how, if at all, it can be cleaned up—you really need to read Crash Course.”—The Washinton Post “Ingrassia tells Detroit’s story with economy, vigour and restrained fury.”—The Economist “A delightful mix of history and first-person reporting . . . Employing superb storytelling skills, Ingrassia explains in head-shaking detail the elements of a wholly avoidable collision.”—Kirkus Reviews (starred review)
Author : Bruce H Mann Publisher : Harvard University Press Page : 353 pages File Size : 49,6 Mb Release : 2009-06-30 Category : History ISBN : 9780674040540
Debt was an inescapable fact of life in early America. At the beginning of the eighteenth century, its sinfulness was preached by ministers and the right to imprison debtors was unquestioned. By 1800, imprisonment for debt was under attack and insolvency was no longer seen as a moral failure, merely an economic setback. In Republic of Debtors, authorBruce H. Mann illuminates this crucial transformation in early American society.
Mark S. Scarberry,Kenneth N. Klee,Grant W. Newton,Steve H. Nickles
Author : Mark S. Scarberry,Kenneth N. Klee,Grant W. Newton,Steve H. Nickles Publisher : West Academic Page : 1207 pages File Size : 44,5 Mb Release : 2012 Category : Law ISBN : 0314271309
Business Reorganization in Bankruptcy by Mark S. Scarberry,Kenneth N. Klee,Grant W. Newton,Steve H. Nickles Pdf
This thoroughly updated casebook is designed for Chapter 11 bankruptcy courses, and it is also suitable for general courses focusing on business bankruptcy. The fourth edition retains the basic approach of the earlier editions. It presents a hypothetical company in some detail (including financial statements) and follows that company through the process of reorganization, from attempted workout to plan confirmation. It provides students with the foundation for a business bankruptcy practice: a solid grounding in the law; an orientation to the business issues; and a step-by-step view of the process that may be able to rescue a financially distressed business, either by a traditional reorganization or a sale of the business as a going concern. The treatment of the avoiding powers has been particularly strengthened
Corporate Bankruptcy by Jagdeep S. Bhandari,Lawrence A. Weiss Pdf
This collection is the first comprehensive selection of readings focusing on corporate bankruptcy. Its main purpose is to explore the nature and efficiency of corporate reorganization using interdisciplinary approaches drawn from law, economics, business, and finance. Substantive areas covered include the role of credit, creditors' implicit bargains, nonbargaining features of bankruptcy, workouts of agreements, alternatives to bankruptcy, and proceedings in countries including the United States, United Kingdom, Europe, and Japan. The Honorable Richard A. Posner, Chief Judge of the U.S. Court of Appeals for the Seventh Circuit, offers a foreword to the collection.
Research Handbook on Corporate Bankruptcy Law by Barry E. Adler Pdf
In this Research Handbook, today’s leading experts on the law and economics of corporate bankruptcy address fundamental issues such as the efficiency of bankruptcy, the role and treatment of creditors – particularly secured creditors – in the bankruptcy process, the allocation of going-concern surplus among claimants, the desirability of liquidation in the absence of such surplus, the role of contract in bankruptcy resolution, the role of derivatives in the bankruptcy process, the costs of the bankruptcy system, and the special case of financial institutions, among other topics.
Bankruptcy in America, in stark contrast to its status in most other countries, typically signifies not a debtor's last gasp but an opportunity to catch one's breath and recoup. Why has the nation's legal system evolved to allow both corporate and individual debtors greater control over their fate than imaginable elsewhere? Masterfully probing the political dynamics behind this question, David Skeel here provides the first complete account of the remarkable journey American bankruptcy law has taken from its beginnings in 1800, when Congress lifted the country's first bankruptcy code right out of English law, to the present day. Skeel shows that the confluence of three forces that emerged over many years--an organized creditor lobby, pro-debtor ideological currents, and an increasingly powerful bankruptcy bar--explains the distinctive contours of American bankruptcy law. Their interplay, he argues in clear, inviting prose, has seen efforts to legislate bankruptcy become a compelling battle royale between bankers and lawyers--one in which the bankers recently seem to have gained the upper hand. Skeel demonstrates, for example, that a fiercely divided bankruptcy commission and the 1994 Republican takeover of Congress have yielded the recent, ideologically charged battles over consumer bankruptcy. The uniqueness of American bankruptcy has often been noted, but it has never been explained. As different as twenty-first century America is from the horse-and-buggy era origins of our bankruptcy laws, Skeel shows that the same political factors continue to shape our unique response to financial distress.
Author : Kevin J. Delaney Publisher : Univ of California Press Page : 232 pages File Size : 41,8 Mb Release : 2023-09-01 Category : Social Science ISBN : 9780520911024
In 1982 Johns-Manville, a major asbestos manufacturer, declares itself insolvent to avoid paying claims resulting from exposure to its products. A year later, Continental Airlines, one of the top ten carriers in the United States, claims a deficit when the union resists plans to cut labor costs. Later still, oil powerhouse Texaco cries broke rather than pay damages resulting from a courtroom defeat by archrival Pennzoil. Bankruptcy, once a term that sent shudders up a manager's spine, has now become a potent weapon in the corporate arsenal. In his timely and challenging study, Kevin Delaney explores this profound change in our legal landscape, where corporations with billions of dollars in assets employ bankruptcy to achieve specific political and organizational objectives. As a consequence, bankruptcy court is rapidly becoming an arena in which crucial social issues are resolved: How and when will people dying of asbestos poisoning be compensated? Can companies unilaterally break legally negotiated labor contracts? What are the ethical and legal rules of the corporate takeover game? In probing the Chapter 11 bankruptcies of Johns-Manville, Frank Lorenzo's Continental Airlines, and Texaco, Delaney shows not only that bankruptcy is pursued by managers more and more as a strategy, but that it is becoming accepted by the business community as a viable option, and not just a last-ditch solution. This searing exposé of current corporate practices will incite debate among corporate executives, lawyers, legislators, and policy makers.
