Debtor-Creditor Law

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ISBN: 9780820512167
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Debtor-Creditor Law is a comprehensive multi-volume treatise, written by prominent experts in the field, which offers users complete coverage of all aspects of the debtor-creditor relationship, including current case law, practical guidance and numerous forms for the practitioner. In addition to comprehensive coverage of federal consumer credit legislation and the reprint of related statutes and regulations, Debtor-Creditor Law also features chapters covering several Uniform Commercial Code Articles, including Article 2 (Sales), Article 3 (Negotiable Instruments), Article 4A (Funds Transfers) and Revised Article 9 (Secured Transactions). Additional topics addressed include:

  • third party obligations, such as usury, guaranty, suretyship, subrogation, and fraudulent conveyances;
  • satisfaction of obligations through non-judicial remedies, such as self-help repossession, mechanics liens and statutory liens, as well as through possessory proceedings, such as attachment, garnishment, replevin and mortgage foreclosure; and
  • international insolvency law and enforcement of judgments for a variety of countries, including Argentina, Australia, Brazil, Canada, France, Germany and India.

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Table of contents

PART I Consumer Credit

CHAPTER 1 Truth in Lending

CHAPTER 2 High Rate Home Equity Loan Protections

CHAPTER 3 The Consumer Leasing Act and Automobile Leases

CHAPTER 4 Unfair and Deceptive Credit Practices

CHAPTER 5 Credit Discrimination

CHAPTER 6 The Cost of Credit

CHAPTER 7 Rent-to-Own Transactions

CHAPTER 8 Fair Debt Collection

CHAPTER 9 Garnishment and Exemptions

CHAPTER 10 Repossessions

CHAPTER 11 Utility Terminations

CHAPTER 12 Student Loans and Trade School Abuses

CHAPTER 13 Foreclosure Defense

CHAPTER 14 Liability of Assignees and Related Creditors; The FTC Holder Rule

CHAPTER 15 Credit Cards

CHAPTER 16 Fair Credit Reporting

CHAPTER 17 Credit Repair Agencies


PART II Uniform Commercial Code

CHAPTER 17A Introduction to Uniform Commercial Code and Article 1

CHAPTER 18 Sales

CHAPTER 19 Personal Property Leasing

CHAPTER 20 Negotiable Instruments

CHAPTER 21 The Bank-Customer Relationship

CHAPTER 21A Funds Transfers

CHAPTER 22 Bulk Transfers (Sales)

CHAPTER 23 Documents of Title

CHAPTER 24 Secured Transactions

CHAPTER 25 UCC Revised Article 9: A Complete Restatement of Personal Property Security Transactions


PART III Money Judgments and Other Remedies

CHAPTER 26 Confession of Judgment

CHAPTER 26A Trial Strategies and Techniques for Commercial Lawsuits

CHAPTER 27 Enforcements of Money Judgments: Objectives and Restrictions

CHAPTER 28 Collecting Money Judgments: Priorities and Procedure

CHAPTER 28A Collecting from Related Entities: Alter Ego and Veil Piercing

CHAPTER 28B Successor Liability

CHAPTER 29 Constitutionality of Attachment, Garnishment, Replevin, and Execution

CHAPTER 30 Attachment

CHAPTER 31 Income Garnishment

CHAPTER 32 Replevin

CHAPTER 32A Certain Remedies Including for the Recovery of Money


PART IV Bankruptcy

CHAPTER 33 Bankruptcy Law

CHAPTER 34 Chapter 13 Adjustment of Debts of an Individual with Regular Income


PART V Workouts: Debt Restructuring or Liquidation

CHAPTER 35 Assignments for the Benefit of Creditors

CHAPTER 36 Receivership

CHAPTER 36A Secured Party Sales

CHAPTER 36B Voluntary Liquidation and Dissolution

CHAPTER 37 Workouts, Including Forbearance and Compositions and Extensions

CHAPTER 38 RESERVED


PART VI Trusts

CHAPTER 39 Spendthrift Trusts and Their Functional Substitutes

CHAPTER 40 Asset Protection Trusts

CHAPTER 41 Asset Securitization


PART VII Fraud: Third Parties

CHAPTER 41A Fraud

CHAPTER 42 Fraudulent Conveyances

CHAPTER 43 Usury

CHAPTER 44 Guaranty

CHAPTER 45 Suretyship

CHAPTER 46 Subrogation

CHAPTER 47 Escrowees


PART VIII Liens and Property

CHAPTER 48 Mechanics' Liens on Real Property

CHAPTER 49 Miscellaneous Statutory Liens

CHAPTER 50 Federal Tax Liens

CHAPTER 51 Mortgage Foreclosure

CHAPTER 52 RESERVED

CHAPTER 53 Community Property


PART IX International Insolvency and Enforcement of Judgments

CHAPTER 54 Argentine Insolvency and Bankruptcy Act (Law #24,522)

CHAPTER 55 Bankruptcy in Brazil

CHAPTER 56 Canadian Business Bankruptcy Law

CHAPTER 57 The Law of Insolvency in England and Wales

CHAPTER 58 French Business Insolvency Law

CHAPTER 59 Germany's Insolvency Statute

CHAPTER 60 China’s Insolvency Law

CHAPTER 60A Australia's Insolvency Law

CHAPTER 60B Indian Law Of Insolvency Of Businesses And Individuals

CHAPTER 61 Recognition and Enforcement of Foreign Judgments

CHAPTER 62 Enforcement of Judgments in Argentina

CHAPTER 63 Enforcement of Judgments in Brazil

CHAPTER 64 Recognition and Enforcement of Foreign Judgments and Arbitral Awards in Canada

CHAPTER 65 RESERVED

CHAPTER 66 Enforcement of Judgments in France

CHAPTER 67 Enforcement of Judgments in Germany

CHAPTER 68 Recognition and Enforcement of Foreign Judgments and Arbitral Awards in Japan