Automatic Stay Litigation in Bankruptcy.Mark A. Shaiken and Cindi S. Woolery John Wiley John Wiley may refer to:
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of , NY 10158. 448 pp., $130. Reviewed by Robert Miller Most nonbankruptcy practitioners prefer to stay as far away from bankruptcy court bankruptcy court n. the specialized Federal court in which bankruptcy matters under the Federal Bankruptcy Act are conducted. There are several bankruptcy courts in each state, and each one's territory covers several counties. as possible, but the automatic stay of bankruptcy was specially created to interfere with nonbankruptcy actions. It is effective immediately when a bankruptcy is filed, and it is binding on parties even without actual notice. If trial lawyers know nothing else about bankruptcy, they should know about the automatic stay. Automatic Stay Litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. in Bankruptcy is a single-volume source on the major issues related to the subject. The authors, Mark Shaiken and Cindi Woolery, are attorneys in Kansas City, Missouri Kansas City is the largest city in the state of Missouri. It encompasses parts of Jackson, Clay, Cass, and Platte counties and is the anchor city of the Kansas City Metropolitan Area, the second largest in Missouri, which includes counties in both Missouri and Kansas. . Even lawyers who enjoy bankruptcy law must admit that the subject can be dull and overly technical. Therefore, it is high praise to say that this book is easy to read and also easily understood by the nonspecialist. After a short introductory chapter, chapter 2 explains how the automatic stay affects different remedies and proceedings. The book includes excellent discussions of the automatic stay and nonbankruptcy litigation such as family litigation or landlord/tenant actions. The authors analyze complex issues like adequate protection and do not ignore mundane issues like collection of hot checks after bankruptcy. Chapter 6 is a comprehensive discussion of modifying the stay to pursue litigation. This chapter is the place to start if a plaintiff wants to continue litigation after a defendant seeks protection in bankruptcy. The Bankruptcy Code Bankruptcy Code may refer to:
Chapter 13 explains the law related to violations of the automatic stay. This chapter provides a simple guide to sanctions, how to seek them and how to avoid them. However, the authors never mention that state courts have concurrent jurisdiction The authority of several different courts, each of which is authorized to entertain and decide cases dealing with the same subject matter. State and federal courts possess concurrent jurisdiction over particular civil lawsuits, such as an action to declare a state law to consider the applicability of the automatic stay. For example, the Bankruptcy Code was modified in 1994 to allow collection of alimony alimony, in law, allowance for support that an individual pays to his or her former spouse, usually as part of a divorce settlement. It is based on the common law right of a wife to be supported by her husband, but in the United States, the Supreme Court in 1979 maintenance and support from property that is not part of the bankruptcy estate. Family courts must be able to order child support without always seeking bankruptcy court determination as to whether property is part of the bankruptcy estate. The authors repeatedly advise that parties should seek a ruling from the bankruptcy estate if there is any doubt whether an action could be considered a violation of the stay. That is certainly the safe choice, but it is not the only available option. The book is not specifically addressed to nonbankruptcy lawyers, and much material, such as the discussions of adequate protection, will be of little interest to anyone outside the bankruptcy fraternity. However, the book is a valuable reference work for any trial attorney. The index is comprehensive and well organized, so it is easy to find specific issues. Some of the best practical advice is unconsciously placed in chapter 13 under "advice to creditors" and "advice to debtors." Nonetheless, the book is generally well organized, and it is easy for readers to skim the table of contents and find the parts most interesting to them. The book is not a primer prim·er n. A segment of DNA or RNA that is complementary to a given DNA sequence and that is needed to initiate replication by DNA polymerase. on everything a nonbankruptcy lawyer needs to know about bankruptcy. There is only slight discussion of filing proofs of claim, the primary tool to seek recovery through the bankruptcy process, and no discussion of related issues such as the termination of executory contracts An executory contract is a contract in which a party has material unperformed obligations. Although material, an obligation to pay money does not usually make a contract executory. The term executory contract assumes a specialized meaning in some areas of law. after bankruptcy. That is hardly a criticism; the book is exactly what it says it is, an excellent study of the automatic stay. Automatic Stay Litigation in Bankruptcy is useful for any bankruptcy lawyer. For lawyers unwillingly pulled into the bankruptcy arena, the book can be a valuable guide. If trial lawyers need information on the automatic stay, this book is a good place to start finding it. Robert Miller is an associate with the Charles Brown Charles Brown is the name of: In politics:
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