The American Bar Association Business Law Section’s recently published second edition of “The Bankruptcy Claims Handbook” is an essential resource to help lawyers develop greater familiarity and understanding of bankruptcy law. The handbook provides entry into bankruptcy analysis and processes for practitioners embarking on identifying, asserting, objecting to and/or defending claims in a bankruptcy case and evaluating the manner that claims may be treated.
This second edition guide provides a starting point for legal analysis, highlights key issues and answers key questions. Included are substantial updates and recent case law providing guidance on:
• Debtor’s duties, the preparation of the debtor’s schedules, and a chart with the debtor’s assets and liabilities.
• The life cycle of the claim, from onset to the contents, effects, timing and location of filing, concluding with rules regarding amendments to a claim.
• Secured claims and transitions into unsecured claims.
• Reclamation claims or the right of a vendor to demand the return of certain delivered goods from the debtor, including ordinary course of business requirement, insolvency, receipt of goods, the substance and timing of written demand and identity of the goods.
• The definition of administrative claims and the types of claims that qualify for administrative status.
• Claims objection process, including disallowance of claim and consequences of disallowance.
• Rejection damages claims definition and the nuances of rejection remedies for tenants whose landlords reject their leases.
• A new chapter on the intersection of claim dischargeability and the claims process.
“The Bankruptcy Claims Handbook” was written by practitioners from the Business Law Section’s Business Bankruptcy Committee. Lead editors are Brett D. Fallon, partner in the Wilmington, Delaware, office of Faegre, Drinker, Biddle, & Reath LLP; Paul R. Hage, partner, Insolvency & Reorganization Practice Group at Jaffe, Raitt, Heuer, & Weiss PC in Detroit; and Monique D. Hayes, partner at Goldstein & McClintock LLP in Miami.
“The Bankruptcy Claims Handbook, Second Edition” is available as a paperback for $89.95. To order, call 800-285-2221 or visit ShopABA.org.
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