Two sections of the Bankruptcy Code seemingly stand at odds regarding the protections offered to lessees of real property owned by a bankrupt debtor. Section 365(h) strongly protects a lessee’s right to possession of real property in the face of debtor’s rejection of the lease.
Litigation in U.S. courts that involve Cayman investment funds, their shareholders, directors and service providers, in particular at the suit of shareholders and liquidators, is on the increase.
![Photo of Hon. Alan S. Trust [2]](https://abi-org-corp.s3.amazonaws.com/committee/Authors/Alan%20S.%20Trust.jpg)
The Bard of Avon expressed a variety of views on the legal profession.
On Dec. 2, 2009, perceptive lawyers may have noticed a small disturbance in the force.
Many cases are won or lost on discovery. Ironically, this key aspect of litigation is typically subject to minimal judicial control, and lawyers are instead often left to comport themselves in the discovery process with civility, honor and integrity.
Bankruptcy lawyers often deal with unrepresented persons. For example, in more than 10 percent of consumer cases, the debtor has no lawyer. [1] Counsel for an unrepresented debtor’s secured creditors may have dealings with the debtor regarding motions for relief from stay or reaffirmation agreements.
I recently had the pleasure of attending two conferences sponsored by the American Bankruptcy Institute (“ABI”). First, the Valcon conference in Las Vegas, which focused primarily on issues relating to bankruptcy and valuation. Second, the yearly spring meeting of the ABI, held in Washington, D.C., during the annual cherry blossom weekend. Las Vegas was only slightly warmer than Washington,
In recent decades, with the emergence of the internet and development of technology, reading a newspaper printed on real paper has become a fleeting relic of daily life in this country. We can now get the news we want in a single click, from almost anywhere and at any time. This once daily ritual, however, may be of great importance to bankruptcy debtors and their attorneys, as well as credit
Webster’s Dictionary defines “zeal” as “eagerness and ardent interest in pursuit of something.” Zeal has initiated much debate among legal professionals. What does it mean to be a zealous advocate? Is zealous advocacy even permissible in today’s practice of law?
Whether a particular dispute arising in a bankruptcy case must be decided by arbitration or litigation before the bankruptcy court is itself an issue that has been the subject of much litigation in bankruptcy courts.
