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Law of Debtors and Creditors: Text, Cases, and Problems, Eighth Edition

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Authors
  • Elizabeth Warren
  • Jay Lawrence Westbrook
  • Katherine Porter
  • John Pottow
Series / Aspen Casebook Series
BOOKMARK
Book length
1024 pages
Publication Date
2020-11-01
Edition
Eighth Edition
Teaching Materials
NO
Description
Table of contents

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.

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 lawyerconsiders in applying the statutory provisions in a bankruptcycase
  • 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 issuein the consumer and business contexts
  • Problem sets designed to combine doctrinal, transactional, and theoretical issues
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About the authors
Elizabeth Warren
Harvard University (Emeritus)

Elizabeth Warren is the Leo Gottlieb Professor of Law Emeritus at Harvard University and the senior United States Senator from the Commonwealth of Massachusetts. While in teaching, she twice won the Sacks-Freund Award for Teaching Excellence at Harvard Law School, as well as other teaching prizes at the University of Houston, the University of Michigan, and the University of Pennsylvania. She has written ten books and more than a hundred scholarly articles dealing with credit and economic stress. Warren has been a principal investigator on empirical studies funded by the National Science Foundation and more than a dozen private foundations. Warren served as Chief Adviser to the National Bankruptcy Review Commission. She also served as Vice-President of the American Law Institute, and she has been inducted into the American Academy of Arts and Sciences. During the financial crisis, Warren was the Chair of the Congressional Oversight Panel for the Troubled Asset Relief Program, and she later served as Adviser to the President and Special Adviser to the Secretary of the Treasury to set up the Consumer Financial Protection Bureau.

Jay Lawrence Westbrook
University of Texas

Jay Lawrence Westbrook is the Benno C. Schmidt Chair of Business Law at The University of Texas at Austin School of Law. One of the nation's most distinguished scholars in the field of bankruptcy, he has been a pioneer in this area in two respects: empirical research and international comparative studies. Professor Westbrook also teaches and writes in commercial law and international business litigation. He practiced in all these areas for more than a decade with Surrey & Morse (now part of Jones Day) in Washington, D.C., where he was a partner, before joining the faculty in 1980.

He is co-author of The Law of Debtors and Creditors (Aspen Publishing, 7th ed., 2014), As We Forgive Our Debtors: Bankruptcy and Consumer Credit in America (Oxford, 1989), The Fragile Middle Class (Yale, 2000), and A Global View of Business Insolvency Systems (Martinus Nijhoff, 2010). He has been Visiting Professor at Harvard Law School and the University of London, and is a member of the American Law Institute, the National Bankruptcy Conference, and the American College of Bankruptcy.

He serves as a consultant to the International Monetary Fund and the World Bank. He was the United States Reporter for the ALI's Transnational Insolvency Project and co-head of the United States delegation to the UN (UNCITRAL) conference on cross-border insolvency. He is an emeritus director of the International Insolvency Institute and a director and former President of the International Academy of Commercial and Consumer Law. He has twice been named the Outstanding Teacher at The University of Texas School of Law.

Katherine Porter
University of California, Irvine

Professor Katherine Porter has been recognized for both her academic and service work, including selection as one of the Top 100 Lawyers in California in 2012 and receipt of the Champion of Consumer Rights Award from the National Association of Consumer Bankruptcy Attorneys.

In 2012, Professor Porter was appointed by California Attorney General Kamala Harris to be the states independent monitor of banks in a nationwide $25 billion mortgage settlement. She has been a principal investigator in several original empirical projects on consumer bankruptcy and has testified before Congress on consumer credit issues.

Professor Porter is a co-author of The Law of Debtors and Creditors (Aspen Publishing 2014) and the editor of Broke: How Debt Bankrupts the Middle Class (Stanford Press 2012). She previously was on the faculty at the University of Iowa College of Law and has been a visiting professor at Harvard Law School and UC Berkeley Law.

John A. E. Pottow
University of Michigan

John A. E. Pottow is an internationally recognized expert in the field of bankruptcy and commercial law. His award-winning scholarship concentrates on the issues involved in the regulation of cross-border insolvencies as well as consumer financial distress. He has testified before Congress and argued bankruptcy cases before the U.S. Supreme Court, including his successful pro bono representation of the respondent in Executive Benefits Insurance Agency v. Arkison (2014).

Prior to joining the Michigan faculty in 2003, he worked at several bankruptcy firms, including Weil, Gotshal & Manges of New York and the former Hill & Barlow of Boston. His practice focused on debtor representation in complex Chapter 11 restructurings. He is a member of the International Insolvency Institute and has been an NGO observer for UNCITRAL Working Groups on Arbitration and Insolvency.

In 2005, he was presented the L. Hart Wright Award for Excellence in Teaching and, in 2012, received a pro bono award from the U.S. District Court of the Eastern District of Michigan.
Product Information
Edition
Eighth Edition
Publication date
2020-11-01
Copyright Year
2021
Pages
1024
Connected eBook + Hardcover
9781454893516
Connected eBook (Digital Only)
9781543844122
Subject
Bankruptcy and Debtor/Creditor Law
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