American Business Bankruptcy: A Primer 2nd Edition

Law

American Business Bankruptcy: A Primer 2nd Edition

By Stephen J. Lubben
Edward Elgar Publishing June 2021

Specifications

ISBN-13
9781800379190
Publisher
Edward Elgar Publishing
Publication
June 2021
Format
Hardback
Jurisdiction
U.S. ? Countri(es) for reference only

Details

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.

American Business Bankruptcy explores specialized proceedings like brokerage liquidations, pre-packaged chapter 11 cases, and 363 sales. Professor Lubben also reviews the transnational aspects of modern American bankruptcy practice, and explains chapter 15 of the Bankruptcy Code, which allows for foreign insolvency proceedings to be ‘recognized’ in U.S. courts.

U.S law students and junior attorneys, international insolvency professionals, and non-legal professionals, including bankers and accountants, will appreciate this practical synthesis, which includes citations and guidance for further research.

Table of Contents

Preface
PART I. BUSINESS BANKRUPTCY BASICS
1. Some historical context
2. The central core of business bankruptcy – section 109
PART II. ELEMENTS COMMON TO ALL BUSINESS BANKRUPTCIES
3. The estate and the automatic stay
4. Creditors’ claims against the estate
5. Executory contracts and unexpired leases
6. The avoidance powers
PART III. LIQUIDATION UNDER CHAPTER 7.
7. An introduction to chapter 7 of the Bankruptcy Code
8. The chapter 7 trustee
9. Distributing the chapter 7 estate
10. Special chapter 7 cases
PART IV. REORGANIZATION UNDER CHAPTER 11
11. An introduction to chapter 11 of the Bankruptcy Code
12. Stabilizing the debtor’s business in chapter 11
13. Committees
14. Professionals
15. The plan – formulation and voting
16. The plan – confirmation (consensual)
17. The plan – confirmation (cramdown)
18.
363 sales
19. Prepacks
20. The effects of plan confirmation
21. Small businesses in chapter 11
PART V. TRANSNATIONAL BUSINESS BANKRUPTCY UNDER CHAPTER 22.
22. An introduction to chapter 15 of the Bankruptcy Code
Index
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