Alternative Structures for Bankruptcy Appeals
Author : Judith A. McKenna
Publisher :
Page : 136 pages
File Size : 37,17 MB
Release : 2000
Category : Appellate procedure
ISBN :
Author : Judith A. McKenna
Publisher :
Page : 136 pages
File Size : 37,17 MB
Release : 2000
Category : Appellate procedure
ISBN :
Author : Samuel R. Maizel
Publisher :
Page : 298 pages
File Size : 25,28 MB
Release : 2010-10-20
Category : Appellate procedure
ISBN : 9780982402696
Thousands of appeals are filed each year in bankruptcy cases across the country, yet the subject of bankruptcy appeals as a whole has been infrequently discussed or written about. ABI's Bankruptcy Appeals Manual: Winning Your Bankruptcy Appeal, Second Edition provides a complete desktop manual for practitioners faced with an appeal in a bankruptcy case. It includes a discussion of all of the "must know" issues relevant to an appeal - including choosing the proper forum, standing, timing, standards for review and stays pending appeal - and also provides guidance on drafting appellate pleadings and presenting an effective appellate argument. Additionally, the updated Manual includes the Federal Rules of Appellate Procedure, the Rules found in Part VIII of the Federal Rules of Bankruptcy Procedure, and pertinent provisions from the Bankruptcy Code and other federal statutes. ABI's Bankruptcy Appeals Manual, Second Edition provides comprehensive coverage of all of the references and practical guidance that a practitioner - whether a novice or seasoned veteran - will need to successfully prosecute, or defend against, a bankruptcy appeal. Softbound, 316 pages.
Author : United States. Supreme Court
Publisher :
Page : 112 pages
File Size : 15,87 MB
Release : 1898
Category : Bankruptcy
ISBN :
Author : United States. Court of Appeals (9th Circuit). Bankruptcy Appellate Panels
Publisher :
Page : 54 pages
File Size : 18,87 MB
Release : 2008
Category : Appellate procedure
ISBN :
Author : United States. Court of Appeals (Third Circuit)
Publisher :
Page : 192 pages
File Size : 39,94 MB
Release : 1912
Category : Bankruptcy
ISBN :
Author : United States. Court of Appeals (9th Circuit). Bankruptcy Appellate Panels
Publisher :
Page : 43 pages
File Size : 34,48 MB
Release : 2005
Category : Appellate procedure
ISBN :
Author : Judith A. McKenna
Publisher :
Page : 123 pages
File Size : 43,20 MB
Release : 2000
Category : Appellate procedure
ISBN : 9780756716073
Under the current bankruptcy appellate system, appeals from dispositive orders of bankruptcy judges are taken to the district court or to the bankruptcy appellate panel, with further appeal as of right to the court of appeals. This report describes the bankruptcy appellate system now operating in the U.S. & how it evolved, sets out the recent efforts to change this system, & analyzes the evidence regarding the need for change & the desirability of proposed changes. Summarizes the study's major points regarding precedent, disposition speed, cost, process, & outcome under the current appellate system, & how the proposed alternative systems might differ on these dimensions.
Author : Eddie Fournier
Publisher : Aspatore Books
Page : 0 pages
File Size : 11,46 MB
Release : 2012
Category : Appellate procedure
ISBN : 9780314280893
Strategies for Consumer Bankruptcy Appeals provides an authoritative, insiders perspective on best practices for ensuring a successful consumer bankruptcy appeal. Featuring experienced
Author : Frank Olds Loveland
Publisher :
Page : 1208 pages
File Size : 40,65 MB
Release : 1912
Category : Bankruptcy
ISBN :
Author : Michael L. Cook
Publisher : Wolters Kluwer Law & Business
Page : 1366 pages
File Size : 18,46 MB
Release : 2021-03
Category :
ISBN : 1454885173
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.