In this two-part feature on Litigation Fundamentals, Taylor English partner John K. Rezac-who brings 20 years of bankruptcy experience in the commercial realm-shares insights on the impact of bankruptcy law on litigation. John shares that the biggest single element of bankruptcy law that impacts litigators is the automatic stay (Code § 362), which is in place to benefit the debtor filing for bankruptcy. He walks through the scope of the automatic stay including need for due diligence and being wary of violations, willful or unwillful.
John shares that while there are exceptions, typically bankruptcy court gives the debtor the full benefit of the bankruptcy code. Even if it’s not his client filing for bankruptcy, John’s practice is to notify the state court and judge of the filing especially in situations with multiple defendants. As bankruptcy cases are front loaded, John mentions that overlooking rules and applications can result in consequences such as delayed attorneys fees. Other topics discussed include subject matter jurisdiction in bankruptcy court and circumstances where a creditor retains a right to a jury trial.
Learn more about Henry Quillian, a litigation attorney at Taylor English, by visiting his profile: www.taylorenglish.com/people-...
Learn more about John K. Rezac, a litigation attorney at Taylor English, by visiting his profile:
www.taylorenglish.com/people-...
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