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Bankruptcy Litigation Manual Bankruptcy Litigation Manual

Bankruptcy Litigation Manual

By Michael L. Cook
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Overview

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?

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.

Note: Online subscriptions are for three-month periods.

Pages 1340
Last Updated 09/13/2019
Update Frequency Annually
Product Line Wolters Kluwer Legal & Regulatory U.S.
ISBN 9781454885177
SKU 10046477-7777
Publish Frequency Annually
Product Line Wolters Kluwer Legal & Regulatory U.S.
SKU 000000000010071790
Table of Contents
  1. Bankruptcy Jurisdiction Under the Bankruptcy Amendments and Federal Judgeship Act
  2. The Good Faith Principle in Bankruptcy Litigation
  3. Bankruptcy Appellate Procedure
  4. Discovery
  5. Automatic Stay and Adequate Protection
  6. Executory Contracts and Unexpired Leases Under the Bankruptcy Code
  7. Turnover and Reclamation
  8. Insider Litigation
  9. Preference Litigation
  10. Setoffs
  11. Fraudulent Transfers
  12. Environmental Liabilities in Bankruptcy Cases
  13. Tax Litigation in Bankruptcy Cases
  14. Non-Bankruptcy Claims
  15. Bankruptcy Court Approval of Proposed Compromises
  16. The Retiree Benefits Bankruptcy Protection Act of 1988
  17. Insolvency Disputes
  18. Financing Disputes
  19. Erisa-Related Claims in Bankruptcy Arising from the Termination of Single Employer Plans
  20. Professional Retention, Payment and Ethical Disputes
  21. Cramdown: Reorganization Plan Litigation For Secured Creditors
Volumes