Practical Bankruptcy Law for Paralegals

ISBN-10: 0766828565

ISBN-13: 9780766828568

Edition: 3rd 2004 (Revised)

List price: $250.95
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Description:

Practical Bankruptcy Law for Paralegals is the textbook that meets all the needs of paralegal students exploring the topic of bankruptcy as it relates to their future profession. It presents this sometimes-complex subject in a straightforward manner. The text explores why bankruptcy law covers what it does, the written and unwritten rules of procedure that guide how the substantive law of bankruptcy is implemented and the necessary tools for mastering the procedural labyrinth of bankruptcy practice. Tools include timelines, checklists, analysis aids, sample forms and pleadings. The text addresses the issue of ethics and, in fact, addresses this subject at the end of each chapter in a feature called Ethics Pointer.
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Book details

List price: $250.95
Edition: 3rd
Copyright year: 2004
Publisher: Delmar Cengage Learning
Publication date: 8/21/2003
Binding: Paperback
Pages: 512
Size: 8.75" wide x 11.00" long x 0.75" tall
Weight: 1.848
Language: English

J.D., University of California, Davis

Preface
Introduction
An Overview of Bankruptcy
The History of Bankruptcy
Bankruptcy Law in the United States
Ethical Considerations
Summary
Key Terms
Improve Your Understanding
The Bankruptcy Code and the Bankruptcy Rules
Summary of the Bankruptcy Code
The Format
The General Provisions--Chapter 1
Case Administration--Chapter 3
Creditors, the Debtor, and the Estate--Chapter 5
Liquidation--Chapter 7
Reorganization--Chapter 11
Individual Reorganizations--Chapter 13
The Family Farmer--Chapter 12
Municipality Reorganizations--Chapter 9
The Rules Governing Bankruptcy Practice and Procedure
Federal Rules of Bankruptcy Procedure
Federal Rules of Civil Procedure
Local Rules
General Orders
Official Forms
Bankruptcy Crimes
Ethical Considerations
Summary
Key Terms
Improve Your Understanding
The Role of the Paralegal in Bankruptcy Practice
The Paralegal's Role in Bankruptcy Practice
Community Legal Services
Legal Departments of Corporations, Banking and Lending Institutions, and Government Agencies
Law Firms
Representing Creditors
Representing Debtors
Representing Committees
Representing Trustees
Independent Paralegals
Ethical Considerations
Summary
Key Terms
Improve Your Understanding
The Building Blocks of Bankruptcy Law
Automatic Stay
In General
Automatic Stay Provisions
Executory Contracts and Unexpired Leases
In General
Rejection
Assumption
Timing
Special Situations
Procedures
Other Substantive Law Important in Bankruptcy Practice
The Uniform Commercial Code
In General
Article 2--Sales
Article 9--Secured Transactions
Other Applicable UCC Provisions
Real Estate Ownership and Financing
Real Property Interests
Real Estate Financing
Ethical Considerations
Summary
Key Terms
Improve Your Understanding
Bankruptcy Legal Research and Writing
Legal Research
Sources
Secondary Sources
Legal Writing
General Rules of Legal Writing
Citation Format
Table of Contents and Authorities
Computer-Aided Legal Research
Ethical Considerations
Summary
Key Terms
Improve Your Understanding
Research Project
Bankruptcy Litigation and Appeals
Jurisdiction
In General
Core and Noncore Proceedings
Withdrawal of Reference
Abstention
Venue
Removal
Type of Proceeding
In General
Adversary Proceedings
Contested Matters
Appeals
Local Rules
Ethical Considerations
Summary
Key Terms
Improve Your Understanding
Research Project
Drafting Project
Beginning a Bankruptcy Case
Considering Whether a Bankruptcy Case May or Should Be Filed
Limitations on Filing a Bankruptcy Case
Choosing the Right Chapter
Substantial Abuse
Case Preparation
Client Relationships
File Management
Gathering Information
Case Commencement
The Checklist
The Petition and Supporting Documents
The Filing Fee
The Schedules
The Statement of Financial Affairs
The Master Mailing List
Ethical Considerations
Summary
Key Terms
Improve Your Understanding
Drafting Project
Chapter 7: The Debtor's Perspective
Discharge
Discharge in General
Loss of a Discharge
Procedure
Revocation of a Discharge Already Granted
Dismissal of a Discharge Action
Dischargeability
Claims That Are Always Nondischargeable
Claims That May Be Nondischargeable
Procedures
Reaffirmations
Exemptions
Lien Avoidance
Redemptions
Converting or Dismissing the Case
Changing Chapters
Dismissing a Bankruptcy Case
Ethical Considerations
Summary
Key Terms
Improve Your Understanding
Research Projects
Drafting Projects
Chapter 7: The Trustee's Perspective
Collecting the Estate
Locating Property of the Estate
Safeguarding Business Assets
Turnover
Improper Postpetition Transfers
Preferences
Statutory Liens
Fraudulent Transfers or Obligations
Other Avoiding Powers
Liquidating the Estate
Abandonment
Sale of Assets
Financing the Liquidation
Employment and Compensation of Professionals
Employment of Professionals
Compensation of Professionals
Distributing the Estate
Objections to Claims
Payment of Claims
Closing the Case
Ethical Considerations
Summary
Key Terms
Improve Your Understanding
Research Projects
Drafting Projects
Chapters 12 and 13: Family Farmer and Individual Reorganizations
Chapter 13
Chapter 13 Administration
The Chapter 13 Plan
Plan Modifications
Life During the Plan
Discharge
Converting, Dismissing, and Closing the Case
Chapter 12
Chapter 12 Administration
The Chapter 12 Plan
Discharge
Converting, Dismissing, and Closing the Case
Ethical Considerations
Summary
Key Terms
Improve Your Understanding
Research Projects
Drafting Projects
Chapter 11: Complex Reorganizations
The Management of a Chapter 11 Debtor
The Debtor in Possession
The Appointment of a Trustee
The Creditors' Committee
Administering the Chapter 11 Case
Joint Administration
Substantive Consolidation
Limiting Notice
Employees
Relationships with Suppliers
Utilities
Financial Reports
Financing and Sale Transactions
Financing Operations
Use, Sale, and Lease of Property
The Plan
Plan Exclusivity
The Disclosure Statement
The Plan
Approval of the Disclosure Statement
The Ballot
The Confirmation Hearing
Postconfirmation Matters
Special Rules for Special Chapter 11 Cases
The Single-Asset Real Estate Case
The Small Business Case
Employment and Compensation of Professionals
Employment of Professionals
Converting, Dismissing, or Closing the Chapter 11 Case
Changing Chapters
Dismissing a Chapter 11 Case
Closing a Bankruptcy Case
Ethical Considerations
Summary
Key Terms
Improve Your Understanding
Research Projects
Drafting Projects
The Creditor's Perspective
The Unsecured Creditor
Involuntary Cases
Proofs of Claim
The No-Asset Case
Case Monitoring
Priority Creditors
Administrative Creditors
Lessors
Reclamation
Seeking a Discharge or Dischargeability Determination
The Secured Creditor
Proofs of Claim
Cash Collateral Use
Relief from the Automatic Stay
Surcharge of Collateral
Ethical Considerations
Summary
Key Terms
Improve Your Understanding
Research Projects
Drafting Project
Taxes in Bankruptcy
Taxes on the Estate
Determination of Taxes
Bankruptcy Court Jurisdiction Over Tax Claims
The Procedure for Determining the Estate's Liability
The Proper Forum for Determining the Estate's Liability
Prepetition Taxes
Administrative Expense Taxes
Priorities of Taxes
In General
Postpetition Income Taxes
Unsecured Prepetition Income Taxes
Property Taxes
Excise Taxes
Penalties
Nondischargeable Taxes
Payment of Taxes
Chapter 7
Chapter 11
Chapters 12 and 13
Ethical Considerations
Summary
Key Terms
Improve Your Understanding
Research Project
Electronic Filing
What Is CM/ECF?
Typical Hardware and Software
Training on the System
Security and Privacy Issues
Future Role of Paralegals
Ethical Considerations
Summary
Key Terms
Improve Your Understanding
Research Project
Glossary
Table of Statutes
Table of Rules and Forms
Bankruptcy Websites
Index
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