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.
This is a true digital book, with links to all cases and the referenced state statutes.The case links jump to the full text of the cases in the free Google Scholar website, while the state statutory links jump to reprinted materials in the appendix of the book. The Bankruptcy Code itself is not cross-referenced. Students should obtain a hard copy of the Bankruptcy Code to read the actual text along with the material in the book. They will need to work with the Bankruptcy Code to answer the problem sets. No materials other than the book and the Bankruptcy Code are needed.
280,447 Words, 552 Pages in PDF
Published June 2016
A teacher's manual is available for instructors containing a summary of the cases and an analysis of the problems. Faculty should use their CALI credentials to login and access the teacher's manual. Professor Germain is available to faculty by email to answer questions and discuss the ideas for presenting the material.