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Strategies for Creditors in Bankruptcy Proceedings, 6th Edition (1-year Online Subscription)

Strategies for Creditors in Bankruptcy Proceedings, 6th Edition (1-year Online Subscription)

Author: Lynn M. LoPucki; Christopher Mirick
Publisher: Wolters Kluwer Legal & Regulatory U.S. (Online)
ISBN: 10071787
Published In: Subscription-type (Contents updated periodically)
Format: Online , 955 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 3,766.23

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Description
Contents

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Strategies for Creditors in Bankruptcy Proceedings helps you answer the question, “What should I do?”.

Strategies is not a treatise. This book explains how to play on your client's behalf and win in accord with the rules.

Each of 12 chapters is devoted to the representation of one of three client types—unsecured creditor, secured creditor, or lessor—under one of three chapters of the bankruptcy code—7, 11, or 13—or in the period before bankruptcy. For a creditor in a particular context, Strategies explains what courses of action should be considered and on what basis to make the decisions. It identifies potential problems and possible solutions. Some of the strategies are proactive, others are reactive. There is also a chapter devoted to representation of an unsecured creditors' committee (see Chapter 11).

Thousands of strategies are explained briefly and distilled into checklists for real-time application. Some of the strategies are novel, while others are battle-tested and supported by case citations.
Over the course of six editions and nearly 30 annual supplements, strategies have evolved from radical suggestions to commonly used, court-approved techniques. This book is where the new strategies break into print.

Among other updates, the Seventh Edition of Strategies covers:
1. the new, small business, subchapter V provisions, which took effect just before the pandemic-induced recession of 2020;
2. the ever-evolving scope of what courts allow in chapter 11 plans (including nonconsensual third-party releases, consent-inducing “death traps,” and whether appeals of confirmed plans are moot);
3. the continued vitality of section 546(e) settlement payment protection;
4. the protection (or not) of the bankruptcy discharge;
5. the risks of filing a proof of claim and whether a creditor can mitigate them;
6. the illusory benefit of section 546(c) reclamation rights;
7. the fraudulent transfer risk in college tuition payments;
8. and numerous other topics.
Covid-19 will generate a deluge of cases, rule changes, and court opinions. With annual updates, Strategies for Creditors in Bankruptcy Proceedings provides a unique way to keep abreast of these developments, and strategies for using them to your advantage.

The Table of Cases, the Table of Bankruptcy Code Sections, the Table of Bankruptcy Rules, and the Index have been updated as part of the seventh edition.
This invaluable storehouse of tactical guidance has earned unanimous praise for its practical, expert advice on securing your client's rights and achieving the best possible outcome from the bankruptcy process. Attorneys who are faced with perplexing developments in a case - or are trying to plan ahead and anticipate new developments in a case - can turn with confidence to Strategies for Creditors in Bankruptcy Proceedings to find all the possible solutions to their clients' problems.
Some of the interesting strategies address:
- Selling the company in an LBO? Structure the transaction to insulate it from preference avoidance.
- Licensing intellectual property from a company? Structure the license to take advantage of special protections in the Bankruptcy Code.
- Considering a loan to a financially troubled company? Better dust off your Deprizio waivers.
- Mortgagees, take a close look at your security agreement - you may be secured by more than just the debtor's personal residence, and that's not what you want in a chapter 13.
- Secured lenders, eliminate the possibility of a later 506(c) claim by settling early with the trustee.
- 203 North Lasalle prohibited exclusive deals to shareholders - but new ways of avoiding it are being found. Here's how to oppose them. Watch for shareholder releases in the plan. If you don't object, you may be out of luck - but the right objection can save your cause of action.
1. Special Notice
2. Representing Unsecured Creditors in the Shadow of Bankruptcy
3. Representing Secured Creditors in the Shadow of Bankruptcy
4. Representing Lessors in the Shadow of Bankruptcy
5. Introduction to Chapter 7 Liquidations
6. Representing Unsecured Creditors under Chapter 7
7. Representing Secured Creditors under Chapter 7
8. Representing Lessors under Chapter 7
9. Representing Unsecured Creditors under Chapter 11
10. Representing Secured Creditors under Chapter 11
11. Representing Lessors under Chapter 11
12. Representing Unsecured Creditors under Chapter 13
13. Representing Secured Creditors under Chapter 13
14. Representing Lessors under Chapter 13
Table of Cases

Table of Bankruptcy Code Sections