How To Handle Consumer Bankruptcy Cases

Author : Stephen P. Parsons
Publisher : Aspen Publishing
ISBN 13 : 1543809707
Total Pages : 1077 pages
Book Rating : 4.5/5 (438 download)

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Download or read book The ABCs of Debt written by Stephen P. Parsons and published by Aspen Publishing. This book was released on 2019-02-11 with total page 1077 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using a hands-on approach, The ABCs of Debt: A Case Study Approach to Debtor/Creditor Relations and Bankruptcy Law, Fifth Edition bridges the difference between understanding bankruptcy concepts and applying them with confidence. Parsons begins with the premise that the specialized study of bankruptcy requires an adequate foundation in other aspects of debtor/creditor relations. This foundational knowledge is reinforced by realistic, current case studies that introduce, explain, and illustrate bankruptcy law and procedure. Students see how a bankruptcy case unfolds, from the moment a debtor makes contact with a lawyer until the case is closed. That chronological, step-by-step approach is used to study cases filed under Chapter 7, Chapter 13, and Chapter 11. This book aspires not just to teach students ‘‘about’’ bankruptcy, but also to teach them how to ‘‘do’’ bankruptcy. Broad coverage includes bankruptcy law, debt creation, secured transactions, the law of liens, and debt collection. New to the Fifth Edition: Updated to reflect significant court decisions regarding debt collection and bankruptcy including: Czyzewski v. Jevic Holding Corp. which struck down structured settlements regarding a Chapter 11 debtor that conflict with §507 priorities unless affected creditors consent Midland Funding, LLC v. Johnson, U.S. holding that filing of a time barred proof of claim does not amount to a false, deceptive, misleading, unfair, or unconscionable debt collection practice within the meaning of the Fair Debt Collection Practices Act Lamar, Archer & Cofrin, LLP, v. Appling, holding that a materially false statement in writing about a single asset can be a “statement respecting the debtor’s financial condition,” rendering debt related to the asset nondischargeable under §523(a)(2)(B) Epic Systems Corp. v. Lewis holding that private-sector non-union employers can use class action arbitration waiver provisions to bar employees from joining in a class action or collective arbitration to contest alleged wage and hour violation Updated references pertaining to the Consumer Financial Protection Bureau and the Department of Education (student loans), payday lending, and car loans Analysis of the causes of bankruptcy for those age 65 and older Demonstration bankruptcies moved to appendices for easy reference Revised case studies comply with the latest amendments to the official bankruptcy forms in effect at the time of publication including the important new Form B113, Chapter 13 Plan approved by the U.S. Judicial Conference in 2017 Professors and students will benefit from: Realistic Case Studies that add a strong skill-building component to any study of bankruptcy law Problem-Hypotheticals in which students apply concepts to realistic situations Learn-by-Doing exercises, examples, and illustrations A sequential organization of bankruptcy topics that mirrors practice Ethical Considerations that highlight relevant ethical or professional challenges presented by the topic under discussion Chapter summaries, review questions, and sample forms View from the Bench case excerpts, accompanied by Applying the Law exercises, that link doctrine to practice Engaging and informative text boxes Key Concepts at the start of each chapter Complete Case Files for both case studies—provided for students on the companion website at WKLegaledu.com/Parsons-Debt5 and referred to throughout the chapters that make up Part B To Learn More (TLM) activities for each chapter—available on the companion website—designed to challenge and enable the student to do further research on issues raised in the text or to consult additional resources for further learning