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Bankruptcy Law: Principles, Policies, and Practice

by Tabb, Brubaker
Edition: 2nd ed., 2006
13-ISBN: 9780820570396
10-ISBN: 0820570397
Format: Hardcover-New
SKU: 94176

List Price:	$113.00
Our Low Price:	$110.95



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Bankruptcy Law: Principles, Policies, and Practice puts bankruptcy law in context, illuminating the evolution of the Bankruptcy Code with an exploration of current and historical non-bankruptcy remedies. The book continually approaches each topic through the goals of creditors and debtors, exploring how each is served in various parts of the Code. Extensive questions and numerous problems focus student attention on the mechanics of the bankruptcy process but do so through the lens of history and policy and explains why the law is the way it is.

The authors' aim in designing the casebook was to provide a very accessible medium for introducing students to bankruptcy law in a sophisticated manner. As the title indicates, the emphasis is on the relationship between the core principles essential to an understanding of the law, the policies animating those principles, and the challenges presented by the effectuation of those principles and policies in bankruptcy practice. Recurring themes include:

The importance of the construct of the "bankruptcy estate" to an understanding of the design and operation of federal bankruptcy law;

Bankruptcy's pervasive federalism conundrum of discerning the proper relative roles of state and federal law;

The separation-of-powers tension that permeates administration of the federal bankruptcy process;

The difficulties of faithfully discerning congressional intent as expressed in an integrated "code" with a rich jurisprudential ancestry.

In its methodology, Bankruptcy Law: Principles, Policies, and Practice relies on a variety of expository tools - textual discussion, comprehension questions, problems, cases, and thought/discussion questions - all with a careful eye toward building upon previous materials and concepts, while avoiding unnecessary repetition.

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