When a business files a bankruptcy petition, its ability to run its business, including handling disputes, is transformed. There is a specialized Bankruptcy Court that supervises virtually all major decisions. It follows a set of rules that resembles the federal rules of civil procedure but is just different enough to be jarring for regular business litigators. Plus, the automatic stay that is imposed once the debtor files its petition pervades all dealings with and about the debtor. Kathy McLeroy and Joseph Sorkin and others (including at least one judge) talk about some of the unique aspects of litigating in bankruptcy court.
Stuart M. Riback
Stuart M. Riback is a member of the New York law firm of Wilk Auslander LLP. His practice is concentrated in the areas of commercial, financial, creditors’ rights, intellectual property, and cross-border…+ Follow