Download or read book Bankruptcy Ethics 2005 written by Continuing Legal Education in Colorado and published by . This book was released on 2004 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Ethics Bankruptcy and Greed written by Harlan D. Platt and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article is about ethics, or more correctly questionable ethics. It is also about greed. When a commercial party's consideration for its stakeholders is distorted by an opportunity for short-term gain, it creates a self-centric view of the world. This myopia creates a blurred vision of others - their needs and roles - and consequently may cause parties to make decisions that ultimately prove to be disastrous not just to those immediately affected by the decision, but to the industry as well. This paper concerns certain provisions of the 2005 revisions to the United States Bankruptcy Code referred to as The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). Specifically, this paper considers how commercial property landlords used BAPCPA to obtain certain changes to the Bankruptcy Code that under a given set of (historically prevailing) circumstances would have had the effect of transferring value from other creditors to the landlords, but under other (now prevailing) circumstances actually have had disastrous consequences - for the landlords, and for other parties. We submit that the failures to consider how these changes would affect other parties, and the apparent failure to recognize that historical circumstances could change, represent an ethical failure by commercial landlords.
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 Ethics of Representing Debtors and Creditors in Bankruptcy written by Susan M. Freeman and published by . This book was released on 1994 with total page 178 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 Ethics written by Continuing Legal Education in Colorado and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Law of Bankruptcy written by Charles Jordan Tabb and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[This book provides an] analysis and discussion of every aspect of bankruptcy law, including an overview of bankruptcy; invoking bankruptcy relief (with a very detailed explanation of the means test); the automatic stay; jurisdiction and procedure; property of the estate; trustee's avoiding powers; payment of claims; executory contracts and unexpired leases; exemptions; discharge; reorganization under Chapter 11; debt adjustments under Chapter 13; debt adjustments under Chapter 12; and cross-border cases under chapter 15. The 2005 BAPCPA amendments and the extensive case law thereunder are explained and critiqued. All relevant Supreme Court cases through the 2015 Term are discussed in depth, including, for example, Stern, Wellness, Arkison, Caulkett, Schwab, Ransom, Lanning, Baker Botts, and many more."--
Download or read book In Re Payne written by and published by . This book was released on 1985 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Handbook for Chapter 7 Trustees written by and published by . This book was released on 2001 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Freedom of Information Act Guide written by and published by . This book was released on 2007 with total page 1146 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Handbook on Ethics in Finance written by Leire San-Jose and published by . This book was released on 2019 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Debtors and Creditors written by Elizabeth Warren and published by Little Brown GBR. This book was released on 1991 with total page 936 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Ethical Lawyering written by Bernard A. Burk and published by Aspen Publishing. This book was released on 2021-09-14 with total page 1283 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Many professional responsibility professors struggle to engage students in a required course, one that students wouldn’t otherwise have chosen to take, covering material that simultaneously appears both obvious and intricately technical. Ethical Lawyering: A Guide for the Well-Intentioned addresses those concerns with a fresh look at teaching and learning Professional Responsibility. Instead of containing impenetrable cases typical of most professional responsibility casebooks, which force students and teachers to sort out convoluted facts and incomplete or out-of-date analysis, this book “flips the classroom” by providing detailed explanations of the Model Rules, accompanied by problems for class discussion that require students to explore how the Rules apply in real-world situations—a structure which lends itself easily to both in-person and online courses. The book’s explanations are focused on building statutory interpretation skills, and then bringing these skills to common practice scenarios. Discussion covers all aspects of the law governing lawyers, from professional discipline to civil liability to court sanctions, as well as informal concerns, such as client relations and the business of law practice. Professors and students will benefit from: A “flipped classroom” structure in which the book provides detailed explanations of the Model Rules, interspersed with problems for class discussion, that are both drawn from practice and illustrate some of the challenges in applying the rules in real-world situations. MPRE-style multiple-choice review questions at the end of each chapter (or after substantial portions of a chapter) addressing the material. An informal, irreverent, down to earth, and conversational style, meant to be accessible, crafted to engage students without understating the seriousness of the subject matter, and to encourage them to put themselves into the “hot seats” that the problems describe. A statutory construction approach to the Model Rules, designed to build text-interpretation skills. A comprehensive treatment of the law regulating lawyers, considering all of the practical hazards that lawyers face, and illustrating the connections between the Model Rules as a basis for professional discipline and the law of torts (fiduciary duty and malpractice), contracts (scope of the attorney-client relationship and engagement agreements), agency (authority), and procedure (sanctions), as well as informal concerns such as client relations and reputational issues. A digital edition that includes links to all necessary statutory materials. Teaching materials Include: A detailed Teacher’s Manual, including: Suggested syllabi for two-hour and three-hour courses. Detailed analyses of all of the problems, including pedagogical suggestions, to stimulate class discussion. Explanatory answers to the MPRE-style multiple-choice review questions. Suggested PowerPoints for class use. Two online-only chapters (The Government Lawyer; Judicial Ethics).
Download or read book Legal Ethics Stories written by Deborah L. Rhode and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique collection of ten significant ethics rulings reveal the rich background surrounding salient cases on issues of race, gender, class, taxation, bankruptcy, defense representation, confidentiality, practicing with law partners, and greed. The story behind each case provides a look into its immediate impact as well as its continuing importance in shaping the law. This book serves as a reminder that ultimately law is about human beings, not ?doctrines? or even ?cases,? because the human lives it addresses are real and vivid. The stories typify issues that most lawyers confront in one form or other at some time in their careers. In a striking way, the stories bring a human dimension to the pressures lawyers face, the ethical decisions they confront, the institutions they work in, and the daily choices they make.
