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CEB's leading bankruptcy resource
Personal
and Small Business Bankruptcy Practice in California
The following publications also contain significant discussions of bankruptcy
law:
California Landlord-Tenant Practice
Chapter 14 gives an easy to understand summary of rules on assumption
and rejection of both residential and commercial leases, collection of
post-petition rent as an administrative priority claim, and procedures
and forms for preserving a landlord's claim for damages in a commercial
property. The chapter, which has more than a dozen of the most useful
creditor forms, also covers how landlords may use a relief from automatic
stay motion or other procedure for regaining possession from a bankrupt
tenant who is in default or cannot assume the lease.
California
Mortgage and Deed of Trust Practice
Chapter 11 is a comprehensive treatment for those representing secured
creditors when the borrower is in bankruptcy, including stay relief and
defending avoidable preferences. Chapter 7 also covers numerous debtor
strategies, including bankruptcy. This book also provides up-to-date,
practical advice for both lenders and borrowers, and navigates the intricate
maze of secured loans, foreclosure, and other available remedies, and
the process of pursuing them without accidentally forfeiting creditors’ rights.
California Mechanics’ Liens and Related Construction Remedies
Chapter 6 is an insightful guide for mechanic’s lien claimants
(and other claimants) seeking to preserve their statutory rights in real
property and other assets that are part of the bankruptcy estate. It
offers excellent strategies for the unsettled question of whether a claimant
can record a mechanic’s lien against real property in bankruptcy
and succinctly discusses avoidable transfers of bankruptcy estate property.
Debt
Collection Practice in California
Chapter 12 provides an overview of relief available to debtors under
bankruptcy laws, emphasizing individual bankruptcies. The chapter also
summarizes tactics for unsecured creditors, including nondischargeability
actions, debt reaffirmation, and relief from stay.
Secured Transactions in California Commercial Law Practice
Chapter 6 shows secured lenders how to protect their security interests
in personal property when the borrower is in bankruptcy, including a
motion for relief from the automatic stay or alternative procedures for
obtaining title from a borrower who has insufficient equity in the property
or cannot reinstate the loan under reorganization.
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