Bankruptcy Litigation Manual, 2007-2008 Edition

by Michael L. Cook

Every step in the business bankruptcy litigation process is covered in Aspen Publishersand#8217; 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#8217;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#8220;executoryand#8221; 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#8217;s later state court suit and warrant removal of the action in federal court? Michael L. Cook, a partner at Schulte Roth andamp; 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#8217;s top bankruptcy litigators to contribute to Bankruptcy Litigation Manual.

Contributing Authors:


Jay Alix, Southfield, MI Neal Batson, Alston andamp; 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 andamp; 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 andamp; Zabel, LLP, New York, NY Alfred S. Lurey, Kilpatrick andamp; Stockton, Atlanta, GA Gerald Munitz, Butler Rubin, Salterelli andamp; 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 andamp; Bird, LLP, Atlanta, GA Kit Weitnauer, Alston andamp; 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.

Loose-Leaf

First published October 1, 1994