The second edition of 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, and now includes coverage of the Small Business Reorganization Act.
American Business Bankruptcy explores 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.
The second edition of 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, and now includes coverage of the Small Business Reorganization Act.
American Business Bankruptcy explores 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: Preface 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. 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 21. Small businesses in chapter 11
PART V TRANSNATIONAL BUSINESS BANKRUPTCY
UNDER CHAPTER 22. An introduction to chapter 15 of the Bankruptcy
Code Index
Stephen J. Lubben, Harvey Washington Wiley Chair in Corporate Governance and Business Ethics, Seton Hall University, School of Law, US
‘The author’s second edition of his primer on American Business
Bankruptcy provides a concise and accessible description of the key
chapters of the US Bankruptcy Code. This book would be quite useful
to students of insolvency law and indeed anyone who wishes to
develop a working knowledge of the key aspects of the American
insolvency framework. It is direct and clear, while also providing
enough depth and discussion that it would also be useful from a
comparative perspective. It is a very practical synthesis which, in
the second edition, integrates the recent Small Business
Reorganisation Act.’
*Jennifer L.L. Gant, eurofenix*
‘Stephen Lubben has provided the go-to overview of the American
business bankruptcy system. American Business Bankruptcy is the
ideal book for anyone looking to understand the overall design of
business restructuring in the United States.’
*Adam Levitin, Georgetown University Law Center, US*
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