Surety Aspects of Bankruptcy Law and Practice - Chad Schexnayder

Surety Aspects of Bankruptcy Law and Practice Chad Schexnayder ISBN 9781641057042

In bankruptcy proceedings, courts and counsel are often unfamiliar with surety law—an area that lies outside the typical experience of many bankruptcy practitioners. Written by seasoned surety law experts, this compendium serves as a practical resource for bankruptcy attorneys and courts seeking to understand and evaluate the role and impact of surety principles and claims, particularly in Chapter 11 cases.

The need for this guidance is substantial. Surety issues arise in only a small percentage of bankruptcy cases, and even when they do, they are not always viewed as central to the dispute. As a result, these issues may be misunderstood or overlooked, leading to inconsistent outcomes and judicial decisions that reflect a limited grasp of fundamental surety law concepts.

Surety Law Aspects of Bankruptcy Practice fills this gap by providing a reliable secondary authority that synthesizes existing bankruptcy law while making the foundations of surety law accessible to both practitioners and courts.

The book begins with an explanation of the core principles of suretyship, traditionally defined as a written agreement by which one party agrees to answer for the debt or default of another. It explores the tripartite relationship among debtor, creditor, and surety; examines historical and modern applications of surety law; distinguishes suretyship from insurance products; and analyzes equitable subrogation, a cornerstone of contemporary surety law.

This foundational overview is followed by a comprehensive discussion of the Bankruptcy Code and its statutory framework. Subsequent chapters address essential procedural and administrative issues—such as jurisdiction, case commencement, and case administration—before turning to the application of surety law across various bankruptcy contexts, including:

• Surety claims in bankruptcy

• Property of the bankruptcy estate

• Chapter 7 liquidation

• Chapter 11 reorganization

• Chapter 15 proceedings

• Bankruptcy trustee bonds

Together, these chapters equip readers with the knowledge needed to navigate the intersection of surety law and bankruptcy practice with confidence and clarity.

Surety Aspects of Bankruptcy Law and Practice Chad Schexnayder ISBN 9781641057042, 978-1641057042 & 9781641057059

Editors
Chad Schexnayder
Michael E Collins