Strategies for Creditors in Bankruptcy Proceedings [Hardcover]

Lynn M. LoPucki (Author), Mr. Christopher Mirick (Author)

Book Description

Publication Date: December 12, 2006 | ISBN-10: 0735560579 | ISBN-13: 978-0735560574 | Edition: 5

Whether you specialize in bankruptcy or just happen to represent a creditor, Strategies for Creditors in Bankruptcy Proceedings will give you practical, expert advice on securing your client's rights and achieving the best possible results from the bankruptcy process. LoPucki helps you succeed in this demanding practice area by:

* Emphasizing planning as a means of avoiding problems
* Offering a wide range of effective new strategies when representing any type of creditor
* Giving you the full range of possibilities in Chapter 7, Chapter 11, and Chapter 13 bankruptcies

This invaluable storehouse of practical and tactical guidance has earned unanimous praise for its easy-to-use format, with the material arranged by type of client and type of situation rather than by Code section. Full of practice hints, helpful checklists, and proven strategies, LoPucki's revised handbook can be relied upon to show you how to:

* Freeze debtor's assets
* Identify nondischargable debts
* Prevent execution and sale
* Secure postpetition interest
* And much more

Editorial Reviews

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Product Details

• Hardcover: 955 pages
• Publisher: Aspen Publishers, Inc.; 5 edition (December 12, 2006)
• Language: English
• ISBN-10: 0735560579
• ISBN-13: 978-0735560574
• Product Dimensions: 10.2 x 7.3 x 2.1 inches
• Shipping Weight: 4 pounds (View shipping rates and policies)
• Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
• Amazon Best Sellers Rank: #1,807,598 in Books (See Top 100 in Books)

More About the Author

Lynn M. LoPucki is the Security Pacific Bank Distinguished Professor of Law at the UCLA Law School, and, each fall semester, the Bruce W. Nichols Visiting Professor of Law at the Harvard Law School. He teaches Secured Transactions and Empirical Analysis of Law at both schools.

LoPucki has done in empirical research on large public company bankruptcies for more than twenty-five years and has been quoted in more than a thousand news articles. The UCLA-LoPucki Bankruptcy Research Database provides data for much, if not most, empirical work on the topic. LoPucki's book, Courting Failure: How Competition for Big Cases Is Corrupting the Bankruptcy Courts (University of Michigan Press 2005) shocked the bankruptcy world with empirical evidence regarding the effects of forum shopping and court competition. LoPucki and his frequent coauthor, Joseph W. Doherty, recently published Controlling Professional Fees in Corporate Bankruptcies (Oxford University Press 2011).

LoPucki uses an empirically-based systems approach for policy analysis. He has proposed public identities as the solution to identify theft, court system transparency as the solution to judicial bias, and an effective filing system as the solution to the deceptive nature of secured credit.

LoPucki is co-author of two widely used law school case books: Secured Credit: A Systems Approach (6th edition, with Elizabeth Warren, 2009) and Commercial Transactions: A Systems Approach (with Warren, Keating, and Mann, 4th edition, 2009) a leading practice manual: Strategies for Creditors in Bankruptcy Proceedings (with Christopher R. Mirick, 5th edition, 2007) and a popular series of bankruptcy procedure flow charts: Bankruptcy Visuals. LoPucki's Death of Liability thesis - propounded in a Yale Law Journal article in 1996 - is featured in casebooks in several fields.

Customer Reviews

Most Helpful Customer Reviews

1 of 2 people found the following review helpful:

5.0 out of 5 stars Strategies for Creditors in Bankruptcy Proceedings, July 15, 2004

By A Customer

This review is from: Strategies for Creditors in Bankruptcy Proceedings (Hardcover)

This invaluable storehouse of tactical guidance has earned unanimous praise for its practical, expert advice on securing your client's rights and achieving the best possible outcome from the bankruptcy process. Attorneys who are faced with perplexing developments in a case - or are trying to plan ahead and anticipate new developments in a case - can turn with confidence to Strategies for Creditors in Bankruptcy Proceedings to find all the possible solutions to their clients' problems.

Some of the interesting strategies address:

Selling the company in an LBO? Structure the transaction to insulate it from preference avoidance.
Licensing intellectual property from a company? Structure the license to take advantage of special protections in the Bankruptcy Code.
Considering a loan to a financially troubled company? Better dust off your Deprizio waivers.
Mortgagees, take a close look at your security agreement - you may be secured by more than just the debtor's personal residence, and that's not what you want in a chapter 13.
Secured lenders, eliminate the possibility of a later 506(c) claim by settling early with the trustee.
203 North Lasalle prohibited exclusive deals to shareholders - but new ways of avoiding it are being found. Here's how to oppose them.
Watch for shareholder releases in the plan. If you don't object, you may be out of luck - but the right objection can save your cause of action.