When personal injury attorneys face a defendant who files for bankruptcy, progress on the case suddenly halts as the automatic stay takes effect. While obtaining relief from the stay is the first challenge (as discussed in my previous article), understanding the insurance coverage landscape is equally critical. Most successful stay relief negotiations involve limiting
Automatic Stay
Top Five Tips for Commercial Landlords Dealing with a Tenant in Bankruptcy
By Carl D. Neff on
There has been no shortage of significant bankruptcy filings in 2020 as a result of the ongoing pandemic. Large companies such as J.C. Penney, Brooks Brothers, Lucky Brand, GNC, subsidiaries of Regus, and others, have all filed for bankruptcy protection, citing the coronavirus for sharply reduced sales at their brick and mortar stores.
These filings…
Seeking Relief from the Automatic Stay to Pursue a Personal Injury Claim
By Carl D. Neff on
When a defendant in a personal injury lawsuit files for bankruptcy, the “drill” is familiar: a suggestion of bankruptcy is filed, the case is stayed, and no further action can be taken to liquidate the personal injury plaintiff’s claims until the automatic stay is lifted.
So how does a personal injury claimant go about lifting…
Supreme Court Holds that a Bankruptcy Court’s Denial of Motion for Relief from Stay is a Final, Appealable Order
By Carl D. Neff on
The United States Supreme Court, in a unanimous decision authored earlier this year by Justice Ginsberg, held that a bankruptcy court’s denial of a motion for relief from stay is a final, appealable order, and therefore must be appealed within the time frame set forth in Federal Rule of Bankruptcy Procedure 8002. Ritzen Group, Inc. …