FindLaw | Find a Lawyer. Find Answers.

Library Search

• Are There Any Critical Vendors Left? ( February 2005 )
  Gregory R. Schaaf of Greenebaum Doll & McDonald PLLC

  A fundamental rule in bankruptcy proceedings is that prepetition claims are not paid without a plan or separate order of the bankruptcy court. The Bankruptcy Code requires payment in a specified order of priority. In large cases, the plan process could take years, leaving a creditor without recovery for an extended period. Orders allowing payment of prepetition claims prior to the payments approved by a plan are rare. One of these rare possibilities is the request to deem a creditor "critical," usually in a first-day motion.

• Implications of D.C. Circuit Stay of the NSR Routine Maintenance Exclusion's Equipment Replacement Provision ( January 2004 )
  Nixon Peabody LLP

  On December 24, 2004, a three-judge panel of the District of Columbia Circuit Court of Appeals granted the motions by several states and environmental groups to stay the recently promulgated equipment replacement provision. In granting the stay, the D.C. Circuit found that "Petitioners have demonstrated the irreparable harm and likelihood of success on the merits required for the issuance of a stay pending review."

• Bankruptcy Law: Violation of the Automatic Stay ( September 2000 )
  Michael I. Mossman

  In pursuing the orderly administration of unpaid debt in bankruptcy, the person in charge of the .

• Suit for Postpetition Patent Infringement of "Super Soakers" Does Not Violate Automatic Stay ( May 2000 )
  Troy L. Cady of Weil, Gotshal & Manges LLP

  This article summarizes the Larami Limited v. Yes! Entertainment Corp. whereby the court held that post petition patent infringement action did not violate automatic stay.

• Postponement of Sheriff's Sale In Compliance with State Law Does Not Violate Automatic Stay ( September 1999 )
  Weil, Gotshal & Manges LLP

  Examined is the case of Taylor v. Slick, 178 F.3d 698 (3d Cir. 1999).

• The Enforceability Prefiling Stay Waivers: It's a toss up ( September 1999 )
  Jaffe Raitt Heuer & Weiss, P.C.

  A prefiling stay waiver is a debtor's agreement with a creditor not to contest that creditor's motion for relief .

• Brief Intro to Chapter 7 Bankruptcy ( August 1999 )
  Paula S. Teske & Associates

  (The following is meant as a general guideline only , and is not designed as, or intended to be, legal advice.

• In Rem Relief Comes to Massachusetts ( August 1999 )
  Charles A. Lovell of Partridge Snow & Hahn LLP

  While in rem relief has been used and litigated in such hotbeds of bankruptcy filings (and abuse) as California, se.

• How a Municipality Shoud Respond to a Bankruptcy Petition ( June 1999 )
  Leonard M. Gold of Lakin, Solomon & Gold, P.A.

  The role of a municipality should take in a bankruptcy proceeding depends on the form of relief sought by the .