Synopses & Reviews
Introduction to Bankruptcy Law, fifth edition, is designed for paralegal courses in bankruptcy law. This new edition corresponds to the changes in bankruptcy law after enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). Material in this edition includes changes in the bankruptcy code and practice, new and revised official and procedural bankruptcy forms, revised bankruptcy rules, and bankruptcy cases that detail the case from initiation of the attorney/client relationship through the closing of the case. The text also includes new flow charts for each type of bankruptcy filing that emphasize the two tracks of bankruptcy; the administration of the bankruptcy estate and the debtor's desire to receive a discharge from as many debts as possible. Other key features are a brief history of bankruptcy law, research aids, alternatives to bankruptcy, a discussion of the role of the various parties involved in the bankruptcy process, and an overview concerning eligibility and the selection of the appropriate bankruptcy chapter under which the case should be filed. The text retains its step-by-step approach to each type of bankruptcy filing so the bankruptcy process is clear and understandable to the student. Greater emphasis is placed on the paralegal's role in the fact gathering process and the interface with clients, and the concept-example-problem format provides the opportunity for lively class discussion.
About the Author
Martin A. Frey, BSME, JD, LLM,is a Professor Emeritus at The University of Tulsa, Tulsa, Oklahoma, Senior Adjunct Settlement Judge for the United States District and Bankruptcy Courts for the Northern Districts of Oklahoma, and was the Reporter for the Civil Justice Reform Act Advisory Group for the United States District Court for the Northern District of Oklahoma. He was a professor at Drake and Texas Tech Universities and a visiting professor at the University of Maine, Washington University (St. Louis), the University of Alabama, Wake Forest University, Stetson University, and Florida International University. When teaching, Professor Frey served on a number of site visitation teams for the Section on Accreditation and Admission to the Bar of the American Bar Association. Professor Frey currently volunteers with the Financial Crimes Unit of the Tulsa Police Department. He is the author or co-author of "The Little Black Book, A Do-It Yourself Guide for Law School Competitions" (Carolina Academic Press, 2002); "Alternative Methods of Dispute Resolution" (Delmar Learning Thomson, 2003); "Introduction to the Law of Contracts, 4th Edition (Delmar Cengage Learning, 2008); "Introduction to Bankruptcy Law, 6th Edition (Delmar Cengage Learning, 2013); and "Essentials of Contract Law," 2nd Edition (Cengage Learning, 2015). Phyllis Hurley is an Attorney at Law in Tulsa, OK, and is a member of the Oklahoma Bar Association. Sidney K. Swinson, BBA, JD, is a Shareholder, Officer and Director of GableGotwals, Tulsa, Oklahoma, an Adjunct Professor at The University of Tulsa College of Law, a Chapter 7 trustee for the United States Bankruptcy Courts for the Northern and Eastern Districts of Oklahoma, a Fellow of the American College of Bankruptcy, a Director of the Bankruptcy and Reorganization Section of the Oklahoma Bar Association, an Adjunct Settlement Judge for the United States Bankruptcy Court and United States District Court for the Northern District of Oklahoma, a member of the American Bankruptcy Institute and the National Association of Bankruptcy Trustees, the recipient of the Oklahoma Bar Association Courageous Lawyer Award and the John E. Shipp Ethics Award, and a bankruptcy practitioner.
Table of Contents
Chapter 1: The Evolution of Bankruptcy Law Chapter 2: Bankruptcy Law and Where to Find It Chapter 3: The Cast of Characters and Their Roles in the Bankruptcy Process Chapter 4: Information Gathering, Analysis, Counseling, and Drafting Chapter 5: The Voluntary Chapter 7 Bankruptcy (Liquidation) Chapter 6: The Chapter 13 Bankruptcy (Adjustment of Debts of an Individual with Regular Income) Chapter 7: The Chapter 12 Bankruptcy (Adjustment of Debts of a Family Farmer with Regular Annual Income) Chapter 8: The Voluntary Chapter 11 Bankruptcy (Reorganization) Chapter 9: Selecting the Appropriate Type of Bankruptcy Filing Chapter 10: The Involuntary Bankruptcy: Chapter 7 or Chapter 11 Appendix A: Interview Questionnaire for the Debtor-Client Appendix B: Interview Questionnaire for the Creditor-Client Appendix c: Chapter 9 - Debts of Municipalities