Download or read book Ethical Issues that Arise in Bankruptcy written by Jacques G. Boettcher and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bankruptcy is designed to give the debtor another chance after a financial failure, and it is often an option that is both more ethical and more efficient than liquidation. We address some basic issues, such as whether Chapter 11 bankruptcy itself is ethical and what elements help one to decide if a particular bankruptcy is ethical. There are many chances for unethical acts during bankruptcy, such as the ethics of a firm that files for Chapter 11 bankruptcy yet has sufficient assets to meet its financial obligations, or the often exorbitant fees that bankruptcy professionals are allowed as well as the apparent partiality demonstrated in some bankruptcy courts.
Download or read book The Ethics of Bankruptcy written by Jukka Kilpi and published by Routledge. This book was released on 2002-01-08 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fundamental ethical problem in bankruptcy is that insolvents have promised to pay their debts but can not keep their promise. The Ethics of Bankruptcy examines the morality of bankruptcy. The author compares and contrasts the Humean doctrine of promises as useful conventions with the Kantian view of autonomous agency constituting promissory obligations; he explores ethical concerns raised by forgiveness, utilitarianism and distributive justice and the moral aspects of insolvents' contractual, fiduciary, tortious and criminal liability. Finally, the author assesses recent bankruptcy law reforms. Bankruptcies severly hurt creditors and society. For the insolvents and their families the experience is painful and stigmatising, yet philosophers have paid little attention to the moral aspects of this violent social phenomenon. The Ethics of Bankruptcy is the first comprehensive study that employs the tools of ethics to examine the controversies surrounding insolvency, which makes valuable and sometimes controversial reading in a decade recovering from the Recession.
Download or read book Current Issues in Bankruptcy Proceedings written by Association of the Bar of the City of New York. CityBar center for continuing legal education and published by . This book was released on 2003 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book I Declare Bankruptcy written by Michael O'Brien and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Students are increasingly familiar with the burden of debt for higher education. This case depicts the financial struggles of Nancy Lewellen, a woman who decided to quit her job to attend law school in mid-life. Ms. Lewellen borrowed money to obtain her law degree and worked for a law firm upon graduation. While working for the firm, she earned a sufficient income to make payments on her student loan debts and cover her costs of living with her adult disabled daughter. When Ms. Lewellen was laid off, she found herself scrambling to pay her bills. The struggle seemed perpetual and Ms. Lewellen considered bankruptcy as a result. This case study is based on Ms. Lewellen v. Access Group (2010), and questions the legal, financial, and ethical implications of Ms. Lewellens bankruptcy claims. The ethical framework of bankruptcy surrounded the issues in Ms. Lewellens case both before and after the judge ruled.
Download or read book Teaching Selected Ethical Issues in Bankruptcy written by Michael Korybut and published by . This book was released on 2009 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both consumer and business bankruptcies present numerous ethical questions. Like any lawyer, the bankruptcy attorney must be familiar with a variety of ethics codes and rules, such as the 1969 ABA Model Code of Professional Responsibility or the 1983 ABA Model Rules of Professional Conduct. Further, the Bankruptcy Code has a number of provisions that raise ethical questions. Accordingly, when the author teaches his Bankruptcy survey course, he devotes time in a number of classes to ethical issues. In particular, the author spends a good part of one class on Bankruptcy Code section 327(a) which prohibits an attorney representing the bankruptcy trustee from having any quot;adverse interestquot; to the bankruptcy estate and requires that the attorney be a quot;disinterested person.quot; This essay describes how the author teaches that class in the context of a Chapter 11 corporate reorganization, principally through the analysis of section 327(a), Federal Rules of Bankruptcy Procedure rule 2014(a) regarding disclosures, and In re Filene's Basement, Inc., penned by the estimable Judge William Hillman.
Download or read book The Law of Debtors and Creditors written by Elizabeth Warren and published by Aspen Publishing. This book was released on 2020-11-01 with total page 1230 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the leading casebooks in the field, The Law of Debtors and Creditors features 39 problem sets with realistic questions a lawyer considers in managing a bankruptcy case. It also challenges the students with the major policy and theoretical questions in the field. The text features a functional organization as a bankruptcy case would unfold. The focus is on teaching through the realistic problems, complete with ethical difficulties embedded into the fact patterns. The presentation is lively and colloquial. Explanatory text throughout makes bankruptcy law accessible to students and easier to teach. Because it divides the subject between consumer and business bankruptcy, professors can select the depth of coverage for each subject in designing a two-, three-, or four-credit class. The authors—Senator Elizabeth Warren, Congresswoman Katie Porter, and Professors Pottow (Michigan) and Westbrook (Texas)—are among the most prominent in the field. Uniquely comprehensive Teacher’s Manual—chock full of material on how to design class around the problem sets, citations to new cases and literature, and suggestions for steering class discussion. New to the Eighth Edition: The emergence of a whole new form of chapter 11 bankruptcy, the Small Business Reorganization Act in subchapter V, just as the Covid19 crisis exploded The impact of recent Supreme Court decisions, including Jevic, Merit Management, Midland Funding, and Wellness New cases and issues since the Seventh Edition Updated materials on § 363 sales Incorporation of discussion of ABI Commission on Consumer Bankruptcy Reform A number of interesting new problems Professors and students will benefit from: Separation of consumer bankruptcy from business bankruptcy—professors can select the depth of coverage for each subject Lively explanatory text—makes bankruptcy law accessible to students and easier to teach Engagement of current events and economic trends Discussion of many recent cases 39 problem sets—featuring the realistic questions a lawyer considers in applying the statutory provisions in a bankruptcy case Substantial discussion of the ethical questions that arise in bankruptcy practice, and including ethical issues in the problems students must solve Functional organization—as a bankruptcy case would unfold rather than using some artificial paradigm Chapters specifically devoted to bankruptcy theory (consumer and business), to international insolvencies, and to important ethics issue in the consumer and business contexts Problem sets designed to combine doctrinal, transactional, and theoretical issues
Download or read book Ethical Problems of the Bankruptcy Practitioner written by Michael R. Rochelle and published by . This book was released on 1990 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Getting Paid in Bankruptcy Cases written by State Bar of Arizona and published by . This book was released on 1990 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Workouts Before Bankruptcy and Ethical Considerations in Bankruptcy written by State Bar of New Mexico. Continuing Legal Education and published by . This book was released on 1989* with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Restatement of the Law Governing Lawyers and Ethical Issues in Bankruptcy Cases written by American Bar Association. Section of Business Law. Spring Meeting and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Bankruptcy Claims Handbook written by Brett D. Fallon and published by American Bar Association. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Intended to provide entry into bankruptcy analysis and processes for practitioners embarking on identifying, asserting, objecting to and/or defending claims in a bankruptcy case, and evaluating the manner that claims may be treated in a bankruptcy case"--Page ix.
Download or read book Republic of Debtors written by Bruce H Mann and published by Harvard University Press. This book was released on 2009-06-30 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Debt was an inescapable fact of life in early America. At the beginning of the eighteenth century, its sinfulness was preached by ministers and the right to imprison debtors was unquestioned. By 1800, imprisonment for debt was under attack and insolvency was no longer seen as a moral failure, merely an economic setback. In Republic of Debtors, authorBruce H. Mann illuminates this crucial transformation in early American society.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Bankruptcy Crimes written by Stephanie Wickouski and published by Beard Books. This book was released on 2007 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: This authoritative treatise on bankruptcy fraud is an invaluable reference book for bankruptcy law practitioners, white-collar criminal lawyers, prosecutors, judges, restructuring professionals, and academicians. Bankruptcy Crimes is the only book extant on the subject and is unique in its dual perspective and analysis of criminality and bankruptcy law.
Download or read book Judicial Management of Mass Tort Bankruptcy Cases written by S. Elizabeth Gibson and published by . This book was released on 2005 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Courting Failure written by Lynn LoPucki and published by University of Michigan Press. This book was released on 2006-02-14 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eye-opening account of the widespread and systematic decay of America's bankruptcy courts
Download or read book Encyclopedia of Ethical Failure written by Department of Defense and published by . This book was released on 2009-12-31 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Standards of Conduct Office of the Department of Defense General Counsel's Office has assembled an "encyclopedia" of cases of ethical failure for use as a training tool. These are real examples of Federal employees who have intentionally or unwittingly violated standards of conduct. Some cases are humorous, some sad, and all are real. Some will anger you as a Federal employee and some will anger you as an American taxpayer. Note the multiple jail and probation sentences, fines, employment terminations and other sanctions that were taken as a result of these ethical failures. Violations of many ethical standards involve criminal statutes. This updated (end of 2009) edition is organized by type of violations, including conflicts of interest, misuse of Government equipment, violations of post-employment restrictions, and travel.
