From Pleading to Appeal - The Ultimate Guide to the Bankruptcy Litigation Process!
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?
Table of contents includes:
Bankruptcy Jurisdiction Under the Bankruptcy Amendments and Federal Judgeship Act;
The Good Faith Principle in Bankruptcy Litigation;
Bankruptcy Appellate Procedure;
Discovery;
Automatic Stay and Adequate Protection;
Executory Contracts and Unexpired Leases Under the Bankruptcy Code;
Turnover and Reclamation;
Insider Litigation;
Preference Litigation;
Setoffs;
Fraudulent Transfers;
Environmental Liabilities in Bankruptcy Cases;
Tax Litigation in Bankruptcy Cases;
Non-Bankruptcy Claims;
Bankruptcy Court Approval of Proposed Compromises;
The Retiree Benefits Bankruptcy Protection Act of 1988;
Insolvency Disputes;
Financing Disputes;
ERISA-Related Claims in Bankruptcy Arising from the Termination of Single Employer Plans;
Professional Retention, Payment and Ethical Disputes;
Cramdown: Reorganization Plan Litigation For Secured Creditors.
The editor, a nationally recognized authority on bankruptcy law, has drawn on the resources of top bankruptcy litigators from across the country who contribute their analysis, insight, and nuts-and-bolts experience.
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