Avoid Bankruptcy Foreclosure

Increasing the Odds of a Creditor's Judgment; Judgment Liens; Enforcing Judgments Through Execution; Finding Property of the Debtor; Garnishment; Fraudulent Conveyances; Bulk Sales; Shielding Exempt Property; Special Rights Under State Law; Federal Tax Lien; Attachment; Replevin; Lis Pendens; Fourteenth Amendment Protection; Other Sources of Due Process Protection; Overview of Bankruptcy; Commencement and Dismissal of a Bankruptcy Case; Stay of Collection Activities; Property of the Estate; Exemptions in Bankruptcy; Avoiding Pre-Bankruptcy Transfers; Post-Bankruptcy Transfers; Effect of Bankruptcy on Secured Claims; Chapter 7 and Unsecured Claims; Leases and Executory Contracts; Discharge; Chapter 11; Chapter 13; Allocation of Judicial Power Over Bankruptcy Matter.

In 1982 Johns-Manville, a major asbestos manufacturer, declares itself insolvent to avoid paying claims resulting from exposure to its products. A year later, Continental Airlines, one of the top ten carriers in the United States, claims a deficit when the union resists plans to cut labor costs. Later still, oil powerhouse Texaco cries broke rather than pay damages resulting from a courtroom defeat by archrival Pennzoil. Bankruptcy, once a term that sent shudders up a manager's spine, is now becoming a potent weapon in the corporate arsenal. In his timely and challenging study, Kevin Delaney explores this profound change in our legal landscape, where corporations with billions of dollars in assets use bankruptcy to achieve specific political and organizational objectives. As a consequence, bankruptcy court is rapidly becoming an arena in which crucial social issues are resolved: How and when will people dying of asbestos poisoning be compensated? Can companies unilaterally break legally negotiated labor contracts? What are the ethical and legal rules of the corporate takeover game? In probing the Chapter 11 bankruptcies of Johns-Manville, Frank Lorenzo's Continental Airlines, and Texaco, Delaney shows that more and more, an array of powerful actors--corporations, commercial creditors, auditors, bond rating agencies and investment bankers--are coming to view bankruptcy as a legitimate business strategy. In each situation, the choice of bankruptcy by these corporate giants was directly influenced by the surrounding business community. In the case of Johns-Manville, carrying appropriate insurance did not prevent its twenty insurance companies from refusing to pay claims. Thanks to shrewdplanning and cooperation from Continental's creditors, not only was the airline able to continue flying in the first week of Chapter 11, but it could also offer the lowest cross-country fare in the market.

Lien avoidance - In bankruptcy the debtor, by way of a Motion to Avoid Lien, can avoid certain liens that attached to the debtor's exempt property prior to the filing of the bankruptcy petition. This action is often used to clear title to land from a judgment lien arising out of pre-petition activity in a state court.

Individual Voluntary Arrangement - In the United Kingdom, Individual Voluntary Arangements (IVAs) are a formal alternative for individuals wishing to avoid petitioning for their own bankruptcy.

Individual Voluntary Arrangements - Individual Voluntary Arangements (IVA) are a formal alternative for individuals wishing to avoid petitioning for their own bankruptcy.

Trustee in bankruptcy - A trustee in bankruptcy ("TIB"), in United States bankruptcy law, is a person appointed by the Bankruptcy court to oversee the distribution of the assets of a bankrupt to his creditors. The TIB is usually an attorney with some expertise in the area of bankruptcy law, and is paid a percentage of the funds available in the estate of the bankrupt.

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