Bankruptcy Litigation Manual, 2012-2013 Edition

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?

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 of Sheldon 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.

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