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American Business Bankruptcy
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American Business Bankruptcy

A Primer

9781839107610 Edward Elgar Publishing
Stephen J. Lubben, Harvey Washington Wiley Chair in Corporate Governance and Business Ethics, Seton Hall University, School of Law, US
Publication Date: 2020 ISBN: 978 1 83910 761 0 Extent: 224 pp
The first and only concise introduction to American business insolvency law, this practical synthesis provides a sophisticated, comprehensive overview of American business bankruptcy as it is actually practiced, integrating the law as written and implemented.

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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.
Contents
Contents: Introduction 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) 18. 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 Index




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eISBN: 978 1 78643 413 5
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