Bankruptcy Law and Practice

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Gregory Germain, Syracuse University College of Law

Pub Date: 2016

ISBN 13:

Publisher: CALI's eLangdell® Press

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Table of Contents

  • About the Author
  • Notices
  • Forward
  • Chapter 1: A World without Bankruptcy
  • Chapter 2: Secured Claims
  • Chapter 3: The Bankruptcy System
  • Chapter 4: The Bankruptcy
  • Chapter 5: Exemptions
  • Chapter 6: The Automatic Stay
  • Chapter 7: Operating the Estate
  • Chapter 8: Enhancing the Estate
  • Chapter 9: Secured Claims in Bankruptcy
  • Chapter 10: Unsecured Claims in Bankruptcy
  • Chapter 11: The Discharge
  • Chapter 12: Wage Earner Reorganizations under Chapter 13
  • Chapter 13: Business Reorganizations under Chapter 11
  • APPENDIX A: The Fair Debt Collection Practices Act
  • APPENDIX B: Federal Wage Garnishment Limits
  • APPENDIX C: New York Exemptions
  • APPENDIX D: Social Security Act § 207, 42 U.S.C. § 407
  • APPENDIX E: Uniform Fraudulent Transfer Act, 740 ILCS 160/1 (Illinois)
  • APPENDIX F: Article 9 of the New York Uniform Commercial Code
  • APPENDIX G: Example of Promissory Note
  • APPENDIX H: Example of Security Agreement
  • APPENDIX I: Example of UCC-1 Financing Statement

About the Book

This is the first edition of Bankruptcy Law and Practice, a Casebook Designed to Train Lawyers for the Practice of Bankruptcy Law. It is designed for a one-semester course in debtor/creditor law and bankruptcy.  The book deals with both creditor remedies and debtor protections, starting with state law collection remedies, exemptions, and the important special protections for secured creditors under both Article 9 of the Uniform Commercial Code and state real property recording acts. After a thorough review of state law debt collection practice, the book covers the basics of straight bankruptcy law with a focus on Chapter 7 of the Bankruptcy Code, both for individuals and businesses. Although the book has a practice focus, it covers the major Supreme Court cases, and important appellate cases with an emphasis on areas of uncertainty. The book also emphasizes the Bankruptcy Code itself, using problem sets to get students to work through the language of the Bankruptcy Code.

At the end of the book are two abbreviated chapters on bankruptcy reorganizations for consumers under Chapter 13 and for businesses under Chapter 11. These chapters are intended to outline the reasons that debtors choose to file for reorganization rather than liquidation, and focuses on the rules for confirming a plan.

The primary goal of the book is to prepare students for the practice of bankruptcy law. Students who understand these materials should be well prepared to anticipate and address the kinds of issues that arise in real bankruptcy cases, whether in a small dollar consumer practice or a big dollar corporate reorganization. Students will learn the language of commercial law and bankruptcy, along with the skills to find their way around the Bankruptcy Code.

About the Contributors

Author(s)

Gregory Germain is a professor at Syracuse University College of Law where he teaches courses in Contracts, Commercial Transactions, Corporations, Taxation and of course Bankruptcy Law. He also runs a pro bono bankruptcy program for first year law students, and a bankruptcy clinic for upper division students. The clinic represents indigent individuals in bankruptcy cases.

Professor Germain received his JD Degree Magna Cum Laude from the University of California Hastings College of Law, practiced law for 15 years in Los Angeles and San Francisco, and then obtained his LLM in Tax from the University of Florida. Following tax school, he worked as an attorney advisor for the Honorable Renato Beghe of the United States Tax Court before beginning his teaching career at Syracuse University College of Law.