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Every step in the business bankruptcy litigation process is covered in Aspen Publishersand’ Bankruptcy Litigation Manual, from the drafting of the first pleadings through the appellate process. In fact, by making the Bankruptcy Litigation Manual a part of your working library, you not only get detailed coverage of virtually all the topics and issues you must consider in any bankruptcy case, you also get field-tested answers to questions you confront every day, such as: How to stay continuing litigation against a corporate debtorand’s non-debtor officers? What are the limits on suing a bankruptcy trustee? Is the Deprizio Doctrine still alive? Does an individual debtor have an absolute right to convert a case from Chapter 7 to Chapter 13? What prohibitions exist on cross-collateralization in financing disputes? Are option contracts and“executoryand” for bankruptcy purposes? When, and under what circumstances, may a bankruptcy court enjoin an administrative proceeding against a Chapter 11 debtor? What are the current standards for administrative priority claims? When must a creditor assert its setoff rights? When can a remand order issued by a district court be reviewed by a court of appeals? What are the limits on challenging pre-bankruptcy real property mortgage foreclosures as fraudulent transfers? Can an unsecured lender recover contract-based legal fees incurred in post- bankruptcy litigation on issues of bankruptcy law? Is there a uniform federal limitation on perfecting security interests that primes a longer applicable state law period, thus subjecting lenders to a preference attack? Do prior bankruptcy court orders bar a plaintiffand’s later state court suit and warrant removal of the action in federal court? Michael L. Cook, a partner at Schulte Roth and& Zabel LLP in New York and former long-time Adjunct Professor at New York University School of Law, has gathered together some of the countryand’s top bankruptcy litigators to contribute to Bankruptcy Litigation Manual. Contributing Authors: Jay Alix, Southfield, MI Neal Batson, Alston and& Bird, LLP, Atlanta, GA Kenneth K. Bezozo, Haynes and Boone, New York, NY Susan Block-Lieb, Fordham University School of Law, Newark, NJ Peter W. Clapp, Valle Makoff, LLP, San Francisco, CA Dennis J. Connolly, Alston and& Bird, LLP, Atlanta, GA David N. Crapo, Gibbons P.C., Newark, NJ Karen A. Giannelli, Gibbons P.C., Newark, NJ David M. Hillman, Schulte Roth and& Zabel, LLP, New York, NY Alfred S. Lurey, Kilpatrick and& Stockton, Atlanta, GA Gerald Munitz, Butler Rubin, Salterelli and& Boyd, LLP, Chicago, IL Robert L. Ordin, Retired Bankruptcy Court Judge Stephen M. Pezanosky, Haynes and Boone, LLP, Partner and Chair of Bankruptcy Section, Fort Worth, TX Robin E. Phelan, Haynes and Boone, LLP Dallas, TX Daniel H. Squire, Wilmer Cutler Pickering Hale and Dorr, LLP, Washington, DC Michael L. Temin, Fox Rothschild, LLP, Philadelphia, PA Sheldon S. Toll, Law Office ofSheldon S. Toll, Southfield, MI Jason H. Watson, Alston and& Bird, LLP, Atlanta, GA Kit Weitnauer, Alston and& Bird, LLP, Atlanta, GA Written by Mr. Cook and nineteen other experts, Bankruptcy Litigation Manual provides authoritative, up-to-date information on virtually every aspect of the bankruptcy litigation process, from discovery through appeal.
Every step in the business bankruptcy litigation process is covered in Aspen Publishers' Bankruptcy Litigation Manual, from the drafting of the first pleadings through the appellate process. In fact, by making the Bankruptcy Litigation Manual a part of your working library, you not only get detailed coverage of virtually all the topics and issues you must consider in any bankruptcy case, you also get field-tested answers to questions you confront every day, such as: How to stay continuing litigation against a corporate debtor's non-debtor officers? What are the limits on suing a bankruptcy trustee? Is the Deprizio Doctrine still alive? Does an individual debtor have an absolute right to convert a case from Chapter 7 to Chapter 13? What prohibitions exist on cross-collateralization in financing disputes? Are option contracts "executory" for bankruptcy purposes? When, and under what circumstances, may a bankruptcy court enjoin an administrative proceeding against a Chapter 11 debtor? What are the current standards for administrative priority claims? When must a creditor assert its setoff rights? When can a remand order issued by a district court be reviewed by a court of appeals? What are the limits on challenging pre-bankruptcy real property mortgage foreclosures as fraudulent transfers? Can an unsecured lender recover contract-based legal fees incurred in post- bankruptcy litigation on issues of bankruptcy law? Is there a uniform federal limitation on perfecting security interests that primes a longer applicable state law period, thus subjecting lenders to a preference attack? Do prior bankruptcy court orders bar a plaintiff's later state court suit and warrant removal of the action in federal court? Michael L. Cook, a partner at Schulte Roth & Zabel LLP in New York and former long-time Adjunct Professor at New York University School of Law, has gathered together some of the country's top bankruptcy litigators to contribute to Bankruptcy Litigation Manual.
Every step in the business bankruptcy litigation process is covered in Wolters Kluwer's Bankruptcy Litigation Manual, from the drafting of the first pleadings through the appellate process. By making the Bankruptcy Litigation Manual a part of your working library, you not only get detailed coverage of virtually all the topics and issues you must consider in any bankruptcy case, you also get field-tested answers to questions you confront every day, such as: How to stay continuing litigation against a corporate debtor's non-debtor officers? What are the limits on suing a bankruptcy trustee? Is the Deprizio Doctrine still alive? Does an individual debtor have an absolute right to convert a case from Chapter 7 to Chapter 13? What prohibitions exist on cross-collateralization in financing disputes? Are option contracts "executory" for bankruptcy purposes? When, and under what circumstances, may a bankruptcy court enjoin an administrative proceeding against a Chapter 11 debtor? What are the current standards for administrative priority claims? When must a creditor assert its setoff rights? When can a remand order issued by a district court be reviewed by a court of appeals? What are the limits on challenging pre-bankruptcy real property mortgage foreclosures as fraudulent transfers? Can an unsecured lender recover contract-based legal fees incurred in post- bankruptcy litigation on issues of bankruptcy law? Is there a uniform federal limitation on perfecting security interests that primes a longer applicable state law period, thus subjecting lenders to a preference attack? Do prior bankruptcy court orders bar a plaintiff's later state court suit and warrant removal of the action in federal court? Michael L. Cook, a partner at Schulte Roth & Zabel LLP in New York and former long-time Adjunct Professor at New York University School of Law, has gathered together some of the country's top bankruptcy litigators to contribute to Bankruptcy Litigation Manual. Contributing Authors: Jay Alix, Southfield, MI Neal Batson, Alston & Bird, LLP, Atlanta, GA Kenneth K. Bezozo, Haynes and Boone, New York, NY Susan Block-Lieb, Fordham University School of Law, Newark, NJ Peter W. Clapp, Valle Makoff, LLP, San Francisco, CA Dennis J. Connolly, Alston & Bird, LLP, Atlanta, GA David N. Crapo, Gibbons P.C., Newark, NJ Karen A. Giannelli, Gibbons P.C., Newark, NJ David M. Hillman, Schulte Roth & Zabel, LLP, New York, NY Alfred S. Lurey, Kilpatrick & Stockton, Atlanta, GA Gerald Munitz, Butler Rubin, Salterelli & Boyd, LLP, Chicago, IL Robert L. Ordin, Retired Bankruptcy Court Judge Stephen M. Pezanosky, Haynes and Boone, LLP, Partner and Chair of Bankruptcy Section, Fort Worth, TX Robin E. Phelan, Haynes and Boone, LLP Dallas, TX Daniel H. Squire, Wilmer Cutler Pickering Hale and Dorr, LLP, Washington, DC Michael L. Temin, Fox Rothschild, LLP, Philadelphia, PA Sheldon S. Toll, Law Office ofSheldon S. Toll, Southfield, MI Jason H. Watson, Alston & Bird, LLP, Atlanta, GA Kit Weitnauer, Alston & Bird, LLP, Atlanta, GA Written by Mr. Cook and nineteen other experts, Bankruptcy Litigation Manual provides authoritative, up-to-date information on virtually every aspect of the bankruptcy litigation process, from discovery through appeal.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
The authors of this publication have taken a practical approach to teaching the intricacies of bankruptcy. To promote reader comprehension, they employ step-by-step explanations and flow charts of each type of filing, supporting case examples, challenging problems to address, and the definition of new terms as they are introduced. To further enhance learning, the roles of the various parties involved in the process are described in detail, particularly the role of the paralegal. From fact gathering and interfacing with clients, to the preparation of various official forms, paralegals will come to understand their role and those of others in handling bankruptcy cases. The most up-to-date official bankruptcy forms with detailed explanations for completing them are contained within the publication, as are debtor and creditor client questionnaires. Book jacket.
Since the adoption of the EU Regulation on Insolvency Proceedings in 2000 and its recast in 2015, it has become clear that lawyers engaged in consumer insolvency proceedings are increasingly expected to have a basic understanding of foreign insolvency proceedings, as well as knowledge of the foreign country's court and legal system, legislation and judicial practice. Written by 50 highly qualified insolvency experts from 30 European countries, A Guide to Consumer Insolvency Proceedings in Europe provides the necessary information in the largest, most up-to-date and comprehensive book on this topic. Assisting the readers in their navigation through the differences, similarities, and peculiarities of insolvency proceedings in all Member States of the European Union, Switzerland and Russia, this book is a unique guide to insolvency proceedings across Europe. With contributions by both academics and practitioners, it provides truly multinational coverage of the economic, legal, social, political, and demographic issues in consumer insolvency. Illustrating the numerous practices across Europe, this book allows the reader to evaluate each aspect both on its own merits, as well as in comparison to the approaches applied in other European jurisdictions. This book will be an invaluable tool for insolvency practitioners, judges, lawyers, creditors and debtors throughout Europe, especially those participating in cross-border proceedings.
The Third Edition of the Bankruptcy Deadline Checklist is a very practical tool intended to be a quick reference guide to assist bankruptcy judges, attorneys, paralegals, credit managers, collection agents, professors, law students and others participating in bankruptcy cases or study. The Checklist is organized by chapter of the Bankruptcy Code (i.e. 1, 3, 5, 7, 11, 13 and 15), and, within each chapter by Code section, with additional sections covering those items typically needed upon the filing of a case, rules on adversary proceedings, appeals, and notices. This checklist is meant to be a list of all of the potential deadlines in a case.
A careful analysis of the fundamentals of bankruptcy law.
Covering the subject of insolvency law, this text contains detailed academic analysis where necessary and also covers areas of debate and controversy in the subject. Insolvency is set in its social, economic and historical context and brief extracts for judgements and statutes are given.