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Bankruptcy
Bussel, Skeel & Harner's Twelfth Edition of Bankruptcy features the full canon of bankruptcy law developed under the Bankruptcy Code as amended over the last forty-seven years including the Small Business Reorganization Act of 2019 (now Subchapter V). Carefully selected principal cases, thoughtful notes, and well-constructed problems explicate current law and connect it with bankruptcy's rich history while engaging current scholarly and policy debates. Existing notes and problems have been refreshed and new authorities incorporated into new notes and problems as appropriate. The ferment over Purdue Pharma and third-party releases in mass tort Chapter 11 cases is referenced at length including the controversy over "Texas-two-steps." Purdue Pharma itself is reproduced in edited form as a new principal case. Treatment of the new Subchapter V small business provisions is fully integrated into the reorganization materials including the developing caselaw under the new Subchapter. The consumer bankruptcy materials have been revised, updated and edited down for improved readability and ease of instruction, as well as the integration of new developments in Chapter 13 and in the treatment of student loans. Transnational materials reflect Chapter 15's coming of age and continuing developments in the UK, EU, Singapore and elsewhere, addressing cooperative responses to evolving coordination challenges posed by insolvent multinational corporate groups. Jurisdictional materials update the progress of the jurisdictional reset mandated by Stern v. Marshall. Developments in executory contracts (Tempnology and related notes replacing Lubrizol), contractual make-wholes (Ultra and Hertz), avoiding powers (Merit Management and Tribune), structured dismissals (Jevic) and application of Chapter 13's "disposable income" test are all fully integrated even as the authors have endeavored to maintain the same manageable size and space limitations of earlier editions.
Imprint: Foundation Press
Series: University Casebook Series
Publication Date: 06/12/2025
Daniel J. Bussel, University of California-L.A. School of Law
David A. Skeel, Jr., University of Pennsylvania Carey Law School
Michelle M. Harner, University of Maryland School of Law
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- Supreme Court decision in Purdue Pharma (new principal case) and new notes on implications and applications in mass tort cases including the current controversy over Texas Two Steps.
- Lubrizol deleted as a principal case and replaced by Tempnology and revised notes.
- Make wholes and impairment materials revised with new fifth circuit decision in Ultra replacing prior decision as a principal case, and revised notes, including discussion of Hertz.
- Extensive new notes on developing caselaw under new Subchapter V.
- Updating and revision of consumer bankruptcy materials to improve readability and reference new caselaw and administrative developments.
- Transnational materials updated to reflect continuing developments in the UK, EU, and Singapore.
- Updating of notes to reflect post-2021 case decisions, scholarship, law reform efforts and legislation throughout, as applicable.
Learn more about this series.
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