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.
Bankruptcy in America, in contrast to most other countries, signifies a chance for debtors to stop and recover. This text probes the political dynamics behind this system and provides an account of the journey American bankruptcy law has taken from its beginnings in 1800 to the present day.
The Encyclopedia of Law and Society is the largest comprehensive and international treatment of the law and society field. With an Advisory Board of 62 members from 20 countries and six continents, the three volumes of this state-of-the-art resource represent interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics. By globalizing the Encyclopedia's coverage, American and international law and society will be better understood within its historical and comparative context.
This CD-Rom contains all of the material found in this new edition's appendices, index, and table of contents, not just in word processing format, but also in PDF (Acrobat) format ... The CD-Rom also continues to contain Law Disk's Bankruptcy Forms Disk software that allows users to complete petitions, schedules, and statements on their wordprocessor.
The Eighth Edition integrates the rapidly developing post-BAPCPA (2005) caselaw and features revised treatment of consumer bankruptcy issues in light of that caselaw. Revised Chapter 11 materials put greater emphasis on bankruptcy sales in light of their increasing frequency and importance. Thoroughly updated and current, the Eighth Edition remains a classic casebook presenting students the full canon of bankruptcy law under the 1978 Bankruptcy Code explicated through carefully selected and edited principal cases and thoughtful notes and problems. New Principal Cases:Armstrong World (2005) Butner (1979)Clear Channel (In re PW) (2008)Katz>/i>(2006) Kreisler (2008) Majewski (2002) Milavetz, Gallop & Milavetz (2008)Piper Aircraft (1995) Wright (2007) Selected New Notes and Problems:Avoiding Power Limitations Applicable to Financial Derivatives Bankruptcy SalesConversion (Marrama) Chapter 11 Plan ExclusivityProjected Disposable Income Under Chapter 13 (Kagenveama) ReclamationTransnational Bankruptcy (Chapter 15)
An intelligent analysis of the dangers, opportunities, and consequences of global sovereign debt Sovereign debt is growing internationally at a terrifying rate, as nations seek to prop up their collapsing economies. One only needs to look at the sovereign risk pressures faced by Greece, Spain, and Ireland to get an idea of how big this problem has become. Understanding this dilemma is now more important than ever, that's why Robert Kolb has compiled Sovereign Debt. With this book as your guide, you'll gain a better perspective on the essential issues surrounding sovereign debt and default through discussions of national defaults, systemic risk, associated costs, and much more. Historical studies are also included to provide a realistic framework of reference. Contains up-to-date research and analysis on sovereign debt from today's leading practitioners and academics Details the dangers of defaults and their associated systemic risks Explores the past, present, and future of sovereign debt The repercussions of a national default are all-encompassing as global markets are intricately interwoven in the modern world. Sovereign Debt examines what it will take to overcome the challenges of this market and how you can deal with the uncertainty surrounding it.
The essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867. The backbone of the modern Canadian provinces of Ontario and Quebec, this geographic area was unified politically for more than half of the period under consideration. As such, four of the papers are set in the geographic cradle of modern Quebec, four treat nineteenth-century Ontario, and the remaining four deal with the St. Lawrence and Great Lakes watershed as a whole. The authors come from disciplines as diverse as history, socio-legal studies, women’s studies, and law. The majority make substantial use of second-language sources in their essays, which shade into intellectual history, social and family history, regulatory history, and political history.
A revised edition of the award-winning text traces the evolution of law in America from the colonial period to the present, identifying a link between law and the nation's economic and political landscapes, and citing specific achievements and failures of the legal system in a context of the country's business world, family practices, and social attitudes. 15,000 first printing.