Overview

Strategies for Creditors in Bankruptcy Proceedings helps you answer the question, What should I do? . Strategies is not a treatise. This book explains how to play on your client's behalf and win in accord with the rules. Each of 12 chapters is devoted to the representation of one of three client types--unsecured creditor, secured creditor, or lessor--under one of three chapters of the bankruptcy code--7, 11, or 13--or in the period before bankruptcy. For a creditor in a particular context, Strategies explains what courses of action should be considered and on what basis to make the decisions. It identifies potential problems and possible solutions. Some of the strategies are proactive, others are reactive. There is also a chapter devoted to representation of an unsecured creditors' committee (see Chapter 11). Thousands of strategies are explained briefly and distilled into checklists for real-time application. Some of the strategies are novel, while others are battle-tested and supported by case citations. Over the course of six editions and nearly 30 annual supplements, strategies have evolved from radical suggestions to commonly used, court-approved techniques. This book is where the new strategies break into print. Among other updates, the Seventh Edition of Strategies covers: the new, small business, subchapter V provisions, which took effect just before the pandemic-induced recession of 2020; the ever-evolving scope of what courts allow in chapter 11 plans (including nonconsensual third-party releases, consent-inducing death traps, and whether appeals of confirmed plans are moot); the continued vitality of section 546(e) settlement payment protection; the protection (or not) of the bankruptcy discharge; the risks of filing a proof of claim and whether a creditor can mitigate them; the illusory benefit of section 546(c) reclamation rights; the fraudulent transfer risk in college tuition payments; and numerous other topics. Covid-19 will generate a deluge of cases, rule changes, and court opinions. With annual updates, Strategies for Creditors in Bankruptcy Proceedings provides a unique way to keep abreast of these developments, and strategies for using them to your advantage. The Table of Cases, the Table of Bankruptcy Code Sections, the Table of Bankruptcy Rules, and the Index have been updated as part of the seventh edition.

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9781543831993

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