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Author : Elizabeth Warren,Jay Lawrence Westbrook
Publisher : Little Brown GBR
Page : 936 pages
File Size : 43,5 Mb
Release : 1991
Category : Law
ISBN : STANFORD:36105044601867
Author : David Gray Carlson
Publisher : Unknown
Page : 370 pages
File Size : 51,6 Mb
Release : 2010
Category : Debtor and creditor
ISBN : 1600424856
Author : Elizabeth Warren,Katherine Porter,Jay Lawrence Westbrook,John Pottow
Publisher : Unknown
Page : 0 pages
File Size : 43,9 Mb
Release : 2013-06-28
Category : Bankruptcy
ISBN : 1454837691
The Law of Debtors and Creditors, 2013 Casebook Supplement, Sixth Edition
Author : James Philemon Holcombe
Publisher : Theclassics.Us
Page : 164 pages
File Size : 40,6 Mb
Release : 2013-09
Category : Electronic
ISBN : 1230363181
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1848 edition. Excerpt: ...or is about to remove any of his property out of the state, with intent to defraud his creditors; or, 4th, that he fraudulently, contracted the debt, or incurred the obligation, respecting which the suit is brought; or, 5th, that the defendant is not a resident of the state, and has not resided therein for three months immediately preceding the time of making such affidavit; or, 6th, that the defendant is a foreign corporation.' Goods and chattels are bound by an attachment from the time of serving the writ; but to create a lien upon real estate, a certified copy of the writ, with a description of the realty, must be deposited in the office of the register of deeds of the county where the same is situate. If it appears by the return of the writ that either of the defendants has been served personally, the suit proceeds as in ordinary cases; if there has been no personal service, but property of the defendant has been attached, the plaintiff' is required to publish in a newspaper of the county, or judicial circuit, for six successive weeks, a notice of the attachment, after which, upon filing an affidavit of the fact, he may file his declaration and proceed as if a copy had been served on the defendant. Where perishable property has been attached, it may be sold pending the proceedings by order of the court. Where there has been no personal service, a judgment is rendered in the ordinary form, but it is not conclusive upon the defendant, and on an execution thereupon, the officer is only authorized to sell the property attached. In cases of joint indebtedness, the Writ of attachment may issue against the separate or joint estate of such debtors, or any of them, (a) There are similar provisions authorizing and regulating attachments in...
Author : James Philemon Holcombe
Publisher : Unknown
Page : 528 pages
File Size : 45,6 Mb
Release : 1848
Category : Debtor and creditor
ISBN : STANFORD:36105062966853
Author : Peter J. Coleman
Publisher : Beard Books
Page : 322 pages
File Size : 51,9 Mb
Release : 1999
Category : Business & Economics
ISBN : 9781893122147
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.
Author : Warren
Publisher : Aspen Publishers
Page : 128 pages
File Size : 41,9 Mb
Release : 2024-06-27
Category : Electronic
ISBN : 1454848391
Author : William Houston Brown,Nancy Fraas MacLean,Lawrence R. Ahern
Publisher : Unknown
Page : 874 pages
File Size : 41,8 Mb
Release : 1998
Category : Debtor and creditor
ISBN : LCCN:98060972
Author : Steve H. Nickles,David G. Epstein
Publisher : West Academic Publishing
Page : 1348 pages
File Size : 50,5 Mb
Release : 2009
Category : Law
ISBN : STANFORD:36105134482764
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
Author : Thomas H. Jackson
Publisher : Beard Books
Page : 304 pages
File Size : 53,5 Mb
Release : 2001
Category : Law
ISBN : 1587981149
A careful analysis of the fundamentals of bankruptcy law.
Author : Mary Eschelbach Hansen,Bradley A. Hansen
Publisher : University of Chicago Press
Page : 237 pages
File Size : 49,9 Mb
Release : 2020-02-05
Category : Business & Economics
ISBN : 9780226679730
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.
Author : Reginald Winslow
Publisher : Unknown
Page : 314 pages
File Size : 42,6 Mb
Release : 1885
Category : Assignments
ISBN : OXFORD:N11317098
Author : Thomas D. Crandall,Richard B. Hagedorn,Frank W. Smith, Jr.
Publisher : Warren Gorham & Lamont
Page : 1168 pages
File Size : 50,9 Mb
Release : 1992-01-01
Category : Electronic
ISBN : 0791312623
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.
Author : Janis Pearl Sarra
Publisher : Unknown
Page : 352 pages
File Size : 50,8 Mb
Release : 2003
Category : Law
ISBN : 080208754X
Creditor Rights and the Public Interest supports the greater representation of non-traditional creditors in the process of insolvency restructuring in Canada, concentrating particularly on restructuring under the federal Companies' Creditors' Arrangement Act (CCAA). Arguing in favour of the representation of such non-traditional creditors as workers, consumers, trade suppliers, and local governments, Janis Sarra describes the existing process of addressing their interests, analyzes four case studies that focus on non-creditor groups, and compares the Canadian approach to that of several other countries, such as Germany, France, and the United States. Sarra draws on a comprehensive body of academic literature that covers a broad range of issues--insolvency theory, corporate governance theory, legislative history, and bankruptcy and insolvency practice. She further surveys the relevant legislation and supplements her analysis with insights drawn from extensive primary research of court records and personal interviews with lawyers, judges, and government officials. Creditor Rights and the Public Interest ultimately illustrates the way in which the concept of the public interest can be utilized to foreground the concerns of non-traditional stakeholders. Sarra provides a coherent account of the justification for recognizing these creditors by situating insolvency law in a legal regime that realizes a duty to maximize all of the interests and investments at stake in the corporation. In an academic field where scholarship is currently scarce, Sarra's text will be a welcome contribution.
Author : David A. Skeel Jr.
Publisher : Princeton University Press
Page : 296 pages
File Size : 55,6 Mb
Release : 2014-04-24
Category : Business & Economics
ISBN : 9781400828500
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.
