Bankruptcy in America, in stark contrast to its status in most other countries, typically signifies not a debtor's last gasp but an opportunity to catch one's breath and recoup. Why has the nation's legal system evolved to allow both corporate and individual debtors greater control over their fate than imaginable elsewhere? Masterfully probing the political dynamics behind this question, David Skeel here provides the first complete account of the remarkable journey American bankruptcy law has taken from its beginnings in 1800, when Congress lifted the country's first bankruptcy code right out of English law, to the present day. Skeel shows that the confluence of three forces that emerged over many years--an organized creditor lobby, pro-debtor ideological currents, and an increasingly powerful bankruptcy bar--explains the distinctive contours of American bankruptcy law. Their interplay, he argues in clear, inviting prose, has seen efforts to legislate bankruptcy become a compelling battle royale between bankers and lawyers--one in which the bankers recently seem to have gained the upper hand. Skeel demonstrates, for example, that a fiercely divided bankruptcy commission and the 1994 Republican takeover of Congress have yielded the recent, ideologically charged battles over consumer bankruptcy. The uniqueness of American bankruptcy has often been noted, but it has never been explained. As different as twenty-first century America is from the horse-and-buggy era origins of our bankruptcy laws, Skeel shows that the same political factors continue to shape our unique response to financial distress.

The authors of this publication have taken a practical approach to teaching the intricacies of bankruptcy. To promote reader comprehension, they employ step-by-step explanations and flow charts of each type of filing, supporting case examples, challenging problems to address, and the definition of new terms as they are introduced. To further enhance learning, the roles of the various parties involved in the process are described in detail, particularly the role of the paralegal. From fact gathering and interfacing with clients, to the preparation of various official forms, paralegals will come to understand their role and those of others in handling bankruptcy cases. The most up-to-date official bankruptcy forms with detailed explanations for completing them are contained within the publication, as are debtor and creditor client questionnaires. Book jacket.

Explains how serious the federal fiscal situation is, how the crisis happened, what will happen in the near future, and what can be done about it.

Every year, more than a million people file for bankruptcy. This book gives them a clear and complete overview of the bankruptcy process, explains the repurcussions of filing for Chapter 7 bankruptcy and provides step-by-step instructions and all the forms necessary to file. It clearly outlines what debts can and cannot be eliminated in bankruptcy, what property debtors risk losing, how to protect assets and rebuild credit and how to deal with aggressive credit card companies seeking speedy credit repayment. State-by-state exemption tables included.

With tips on understanding -- and surviving -- the new bankruptcy laws If you're considering bankruptcy, you need straightforward answers and reliable advice. This handy guide covers it all -- so you can get your finances in line and your life back on track. This updated new edition covers everything you need to know about the new bankruptcy law and includes even better resources. Don't get desperate -- get out of debt instead! Discover how to * Weigh the consequences of bankruptcy * Manage your spending * Find professional help you can trust * Decide on the right type of bankruptcy * Pass the means test * Keep more of your stuff

Drawing on perspectives from anthropology and social theory, this book explores the quotidian routines of debt collection in nineteenth-century capitalism. It focuses on Switzerland, an exemplary case of liberal rule. Debt collection and bankruptcy relied on received practices until they were standardized in a Swiss federal law in 1889. The vast array of these practices was summarized by the idiomatic Swiss legal term “Rechtstrieb” (literally, “law drive”). Analyzing these forms of summary justice opens a window to the makeshift economies and the contested political imaginaries of nineteenth-century everyday life. Ultimately, the book advances an empirically grounded and theoretically informed history of quotidian legal practices in the everyday economy; it is an argument for studying capitalism from the bottom up.

A Road Map to Bankruptcy Law; Individual Debtor and the Fresh Start; Corporate Reorganizations and the Absolute Priority Rule; Claims, Property of the Estate, and the Strong-Arm Powers; Executory Contracts; Fraudulent Conveyances, Equitable Subordination, and Substantive Consolidation; Preferences; Automatic Stay; Debtor in Possession; Forming the Plan of Reorganization.