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Vol 25 No 1 Jan/Feb 2020

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American Business Bankruptcy: A Primer

ISBN13: 9781786434128
Published: September 2019
Publisher: Edward Elgar Publishing Limited
Country of Publication: USA
Format: Hardback
Price: £70.00

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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. American Business Bankruptcy includes coverage of 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.

Insolvency Law, USA
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)
363 Sales
19. Prepacks
20. The Effects of Plan Confirmation
Part V: Transnational Business Bankruptcy Under Chapter 15
21. An Introduction to Chapter 15 of the Bankruptcy Code