Surety Aspects of Bankruptcy Law and Practice

    Edited by Chad Schexnayder and Michael E Collins

    Surety Aspects of Bankruptcy Law and Practice

    Surety Aspects of Bankruptcy Law and Practice

    Edited by Chad Schexnayder and Michael E Collins

    In a bankruptcy case, both judges and attorneys may lack experience with surety law. This compendium provides a practical resource to help bankruptcy counsel and the courts understand the critical and often misunderstood implications of surety principles and claims in bankruptcy cases, especially in chapter 11 cases.

    Surety Aspects of Bankruptcy Law and Practice

    Edited by Chad Schexnayder and Michael E Collins

    Surety Aspects of Bankruptcy Law and Practice

    Surety Aspects of Bankruptcy Law and Practice

    Edited by Chad Schexnayder and Michael E Collins

    In a bankruptcy case, both judges and attorneys may lack experience with surety law. This compendium provides a practical resource to help bankruptcy counsel and the courts understand the critical and often misunderstood implications of surety principles and claims in bankruptcy cases, especially in chapter 11 cases.

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    In bankruptcy cases, the court and counsel may be inexperienced with surety law concepts that are often unfamiliar for bankruptcy practitioners. Written by experienced surety law practitioners, this compendium serves as a practical resource for all bankruptcy counsel and courts so they can understand and assess the implications of surety principles and claims in bankruptcy cases, especially in chapter 11 cases.

    The need for this resource is significant: surety law issues are not present in the majority of bankruptcy cases, and even when they are present, they may not be the largest or most important legal issues of the case. Because surety issues may not have been fully understood, this has led to unpredictable outcomes and written decisions that lack of understanding of basic surety law concepts.

    Surety Law Aspects of Bankruptcy Practice provides a secondary authority that both summarizes existing bankruptcy law and makes the underpinnings of surety law readily accessible to the bankruptcy practitioner and bankruptcy courts.

    A surety is traditionally defined as a person or entity who agrees in writing to answer for the debt or default of another. Beginning with the basic tenets of surety law, the book explains the tripartite relationship of the debtor, the creditor, and the surety, considers both historical and modern applications, reviews how suretyship is distinguished from insurance products, and considers equitable subrogation, a bedrock principle of modern surety law.

    This overview of surety law is followed by a broad look at the bankruptcy code and statutory framework. Subsequent chapters address core topics such as jurisdictional issues, commencement of a case, and case administration. Chapter authors then focus on surety topics in these cases, including, including:

    • Surety claims in bankruptcy
    • Bankruptcy estate
    • Chapter 7 liquidation
    • Chapter 11 reorganization
    • Chapter 15 proceedings
    • Bankruptcy trustee bonds

    Product Details

    Publishers

    ABA Book Publishing

    ISBN

    9781641057042

    Page Count

    520

    Product Code

    5190564

    Trim Size

    6 x 9 Paperback

    Publication Date

    4/9/2021 12:00:00 AM

    Publishers

    ABA Book Publishing

    ISBN

    9781641057059

    Page Count

    510

    Product Code

    5190564EBK

    Trim Size

    ePub, Kindle (mobi)

    Publication Date

    4/9/2021 12:00:00 AM

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