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Epstein, Markell, Nickles and Ponoroff's
Bankruptcy: Dealing with Financial Failure
for Individuals and Businesses, 4th Edition

Using primarily original text and problems, this book integrates the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 into coverage of basic bankruptcy concepts such as property of the estate, claims, discharge, automatic stay, and all other basic concepts of bankruptcy law. Together, the four co-authors have taught bankruptcy courses at more than 20 very different law schools; one of them sat as a bankruptcy judge for nine years; and all four have substantial practice experience. Drawing on their diverse experience, they have prepared this book with three goals in mind: (1) introduce students to one new bankruptcy concept at a time, (2) show students the connection among the various concepts and (3) give the students a sense of how these bankruptcy concepts are utilized in both the smallest personal and largest business bankruptcy cases. More specifically, Dave, Bruce, Steve, and Larry have prepared new text and problems on issues such as:
  • An individual debtor's eligibility for bankruptcy;
  • An individual debtor's eligibility for Chapter 7;
  • Homestead limitations;
  • Administrative priority for unpaid vendors;
  • Treatment of secured claims in Chapter 7 case;
  • Chapter 13 plan provisions relating to
    treatment of secured claims
    disposable income
    duration of the plan, and
    elimination of the super discharge;
  • Lease decisions and strategies;
  • Individual Chapter 11 cases;
  • Small business Chapter 11 cases;
  • Single asset real estate cases and more.

On still other issues such as fraudulent transfers, preferences, leases, dischargeability of domestic obligations, and lots of other issues, the problems have remained the same; only the answers have changed.

Also, for teachers wanting to spend time on basic, non-bankruptcy debtor-creditor law, Dave, Bruce, Steve, and Larry have prepared an entire chapter of materials on this law. It covers everything from extra-judicial collection to judicial, statutory, and consensual liens, including a basic introduction to UCC Article 9.

The Fourth Edition is substantially re-organized and expanded. New cases and problems have been added to support the redesigned focus of first laying out the core principles of bankruptcy law, followed by a separate consideration of their application in individual and business bankruptcy cases. This approach is designed to eliminate the need for the instructor to choose between covering consumer or commercial bankruptcy, and to proceed by emphasis on key principles and policies rather than a pedantic walk through one type of bankruptcy case after the other.

The supplemental e-materials not only have revised text and problems for use by your students but also revised teacher's notes so that you know what Epstein, Markell, Nickles, and Ponoroff had in mind when they wrote the problems. And, the e-materials have much more than new casebook and teachers manual pages, including:
  • General overview materials about the 2005 law
  • Primary source materials for the 2005 law
  • Collection of IRS materials
  • One-click links directly to the Code, Rules, forms, tables of content for on-line bankruptcy treatises, and the UCC
  • Links to useful Web sites
  • Exhaustive, consolidated collection of searchable, Westlaw databases relating to bankruptcy and commercial law
  • Daily refreshed collection of recent cases and topical highlights about bankruptcy
  • Forum for discussing anything and everything with the casebook authors and other bankruptcy teachers
Most important, the authors are committed to keeping their e-materials up to date with important changes that occur between new editions of the book. So you will always be able to use their on-line materials to make your course as current as it can be.

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