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Lädt ... The Law of Debtors and Creditors: Text, Cases, and Problemsvon Elizabeth Warren, Jay Lawrence Westbrook
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Integrating the 1994 amendments To The Bankruptcy Act, this edition of Elizabeth Warren and Jay Westbrook's lively problem-based casebook is an outstanding choice for teaching debtor/creditor and bankruptcy law. The Third Edition of LAW OF DEBTORS AND CREDITORS: Text, Cases, and Problems builds on the extraordinary success of its previous edition, with: new problems and materials to reflect the 1994 statutory changes, including: The 1994 consumer bankruptcy amendments; the overruling of DePrizio; and changes throughout in dollar values more than 20 new cases, including Heintz v. Jenkins new newspaper articles on deadbeat dads, flawed bankruptcies, and more the latest empirical studies and scholarly literature. Excellent pedagogy: more than 50 realistic problem sets - including problems reflecting the 1994 statutory changes - that challenge students to learn and apply legal rules in the context of consumer and business issues a 'megaproblem' that runs throughout the book that shows the interrelationship of state law, consumer law, And The business bankruptcy system thorough and lucid explanatory text that gets students into the material faster and deeper a superb Teacher's Manual that highlights the statutory changes made since the last edition. Keine Bibliotheksbeschreibungen gefunden. |
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Google Books — Lädt ... GenresMelvil Decimal System (DDC)346.73Social sciences Law Private Law North America United StatesKlassifikation der Library of Congress [LCC] (USA)BewertungDurchschnitt: Keine Bewertungen.Bist das du?Werde ein LibraryThing-Autor. |
Very good on the theory of bankruptcy and attempt to trace a rationale in the cases and technical provisions. For example, distinctions between secured and unsecured, impact of taxes, cramdown limitations, inter alia.
Cites empirical and academic studies. For example, Professor Whitford'scritique of the consumer credit collection system [6] which explained and documented the fact that of the consumer debts ultimately paid, the vast majority are collected through "consensual" debtor payments, after bargaining (often with other creditors). Very few delinquent debts are paid as a result of coercive execution. The point remains, however, that the availability of lawful coersion has an impact on that negotiated process. Leverage is the key to collection and law provides leverage--to both sides. [8]
The 1998 requirement that banks report debtors who fail to pay more than $600 debts was a boost to the industry's debt collection, where the IRS is known to be an effective collector. [9] The regulation is prolix and incoherent, but it enhances collection all the better. And nothing prevents the creditor from declaring the debt "discharged", notifying the IRS, and then resuming collection.
The extension or withholding of credit is classic leveraging. Creditors have an inexpensive, fairly accurate method of tracking debtor payment behavior through established credit reporting agencies. The loss of a credit rating with a credible withholding of credit by other creditors is collection leverage. The creditor has the ability to make negative reports so as to influence the debtor's credit rating.
The Fair Credit Reporting Act [FCRA] acknowledges industry abuses, privacy concerns, and the "enormous impact of the desire to protect future credit". [12] 15 USC 1681. The credit industry has mushroomed in the past twenty years--more than 1,100 credit and mortgage reporting companies, listing 450 million credit files on American consumers. [13] Despite the stakes and the credit industry's self interest, in 1993 the US Congress documented the fact that 48% of credit reports sampled from the three major credit bureaus contained inaccurate information. S.Rep. 103-209, 103d Cong. 1st Sess., 3 [Dec 9, 1993].
De-regulation. "The de-regulation of consumer credit has profoundly altered the world of consumer credit". [17] Speaking of usury laws, profoundly impacted by the 1978 US Supreme Court opinion of Marquette National v. First Omaha, 439 US 299. Once the Court held that a national bank could charge whatever interest was legal in the state of the bank's principal office, Delaware de-regulated to attract banks, and local usury laws became irrelevant. Other local regulations of credit followed suit, and like interest rates are now effectively de-regulated.
Fair Debt Collection Practices Act [FDCPA] 15 USC, SS 1692ff., which applies to lawyers who regularly use litigation to collect consumer debts (Heintz v. Jenkins (1995) 514 US 291), is the federal government's response to abuses. In the 1990s we saw a stream of cases imposing lender liability: Duffield v. First Interstate 13 F3d 1403 (10th Cir 1993), where the jury found that the bank made an oral agreement with Duffield to apply the proceeds of his collateral sale to cure defaults. A $6 million award was upheld on bad faith even though the bank's conduct was expressly permitted by its loan agreement. [41].