Goldstein, David J.

English

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Buffalo Law Review Volume 3 Number 2 Article 22 4-1-1954 Debtor-Creditor Law. by Howard L. Oleck. David J. Goldstein University at Buffalo School of Law Follow this and additional works at: https://digitalcommons.law.buffalo.edu/buffalolawreview  Part of the Commercial Law Commons Recommended Citation David J. Goldstein, Debtor-Creditor Law. by Howard L. Oleck., 3 Buff. L. Rev. 331 (1954). Available at: https://digitalcommons.law.buffalo.edu/buffalolawreview/vol3/iss2/22 This Book Review is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Law Review by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact lawscholar@buffalo.edu. BOOK REVIEWSDEBTOR-CREDITOR LAw. By Howard L. Oleck. New YorkCity: Central Book Co., Inc. 1953. Pp. xi, 474. $10.00.In the preface of the text the author calls attention to the factthat debtor-creditor law generally is too complex and bulky atopic to be presented adequately in a concise one volume text.Mr. Oleck further points out that for those who seek to specializein this particular field, considerable special study is required,for familiarity with numerous and varied state and federalstatutes, as well as a study of cases, is necessary.The purpose of the book is to provide a general treatisecovering the entire scope of debtor-creditor relationships. It isnot intended as a substitute for complete and thorough research,as are many leading reference works. Its purpose and functionis primarily that of serving as a guide to the general practitioner,and it is apparent that the specialist must still resort to the lead-ing reference works on the various phases of the subject withwhich the text attempts to deal briefly.The author has divided the contents, treating the subjectfrom two different aspects. The first portion of the book dealswith substantive law as applied under state law. One of thechapters deals with the enforcement of judgments, another withpreferences and fraudulent transfers, and still others pertain tocomposition agreements, general assignments for the benefit ofcreditors and receiverships.The second portion of the text is devoted exclusively to acomplete discussion of the Federal Bankruptcy Act from a his-torical point of view, tracing its evolution through the years tomodern times, and concluding with a detailed application of thepresent act.The text elaborates on the various steps of the bankruptcyproceeding from its inception, dealing with both the voluntaryand involuntary petition, and carrying the reader through to thegranting of the discharge in the proceeding.The approach of the author is a threefold one. He firstcovers all the steps confronting the debtor-bankrupt throughoutthe proceedings. Secondly, the various legal rights and remedieswhich the creditors of the debtor-bankrupt are afforded, underboth the federal and state laws, are discussed. The third aspectdealt with is a discussion of the activities of the Trustee inBankruptcy, together with his diverse powers derived from theBankruptcy Act.331BUFFALO LAW REVIEWThe two final chapters of the text deal with Bankruptcyarrangements, compositions and Corporate Reorganization. It isneedless to state that the reader is merely afforded a fleetingglance of these rather complicated aspects of the Bankruptcy Act.Numerous volumes have been published on these specific phasesof the Act but, as stated at the outset, the objective of the treatiseis to afford a guide to the general practitioner rather than areference to the specialist.The author appears to have met with his greatest success inthose portions of the text treating the application of the existingsubstantive state law as it affects the administration of the Bank-ruptcy Act. Although the author cites numerous leading caseson the topics under discussion, the reader fails to appreciate theirvalue, because the facts submitted are overly brief and concise.The net result is that the synopses of the leading cases do notserve the intended purpose, the author having sacrificed hisobjective for the sake of brevity.This text book has been written with an eye to the practicalproblems which arise daily in the practicing lawyer's office. It isa handy reference and useful guide on the various topics dis-cussed, and should receive widespread acclaim from the generalpractitioner.David J. GoldsteinAttorney at LawLecturerUniversity of Buffalo Law SchoolBENDER'S FEDERAL PRACTICE FORMS. Edited by Louis R.Frumer. Albany: Matthew Bender & Co. 1951-1953.5 vols. (1-4 received). $18.50 per vol.This set of volumes combines a large number of legal formswith footnoted analyses of some of the procedural and substantiveproblems raised in each particular form or set of forms. Thisreviewer has received only four of what is anticipated to be a five-volume work, the last of which is intended to contain forms foruse under the Federal Rules of Criminal Procedure. The firstfour volumes deal with forms appropriate under the 86 FederalRules of Civil Procedure, certain sections of the Judicial Code,as well as forms applicable to special courts and proceedings.The volumes are bound in loose-leaf form, the same type of bindingwhich the publisher has utilized for Moore's Federal Practice andBender's New York Practice.

Debtor-Creditor Law. by Howard L. Oleck.

https://digitalcommons.law.buffalo.edu/cgi/viewcontent.cgi?article=4188&context=buffalolawreview

Debtor-Creditor Law. by Howard L. Oleck.

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