Motion for Relief from Automatic Stay. Filed by creditors. Fast track.
11 U.S.C. 362(d) says court shall grant relief from stay for cause including the lack of adequate protection
What is cause If collateral is of substantial value depreciating with debtors use subject to possible loss or damage or uninsured
If court grants relief applies to the moving creditor only. Others remain under stay.
6 Common Motions by Parties in Interest
Motion to Dismiss (delay or non-cooperation by debtor bad faith)
Motion for Disallowance of a Claim
Motion for Examination (deposition)
Motion by Trustee or Court to Dismiss the Case
7 Bankruptcy Litigation
Avoidance of lien
Validity of lien
Object to discharge
Dischargeability of a certain debt
Filing fee required
Under BR Rule 7001 et seq.
8 Common Complaints
Complaints of Creditors
Objecting to Discharge of debtor (see reasons on pages 284-285)
Objecting to Dischargeability of a debt (bad faith of debtor debt not subject to discharge by law)
See discussion on page 294 of one legal exception Undue Hardship
Complaints of Trustee
Objecting to Discharge Avoid lien
To avoid pre- post-petition transfers
9 In-Class The Plan
Break into assigned teams
Find your teams case on Lexis
Get A Document feature
Brief case as instructed
Pick Recorder Type brief
Pick Spokesperson Reports to class
10 Brief Cases
FACTS Briefly describe parties nature of dispute
PROCEDURE How did case get to court
ISSUE Main legal issues raised in assigned headnotes
RULING What court did on these issues
OPINION Why court says it made ruling the legal reasoning
CONCLUSION What does this case teach us about bankruptcy law
11 Find Your Teams Case on Lexishttp//www.lexis.co m
2003 Bankr. LEXIS 1359
2003 Bankr. LEXIS 1323
2003 Bankr. LEXIS 847
2003 Bankr. LEXIS 1350
2003 Bankr. LEXIS 844
2003 U.S. App. LEXIS 21643
12 Bankruptcy Litigation
Mike Brigner J.D.
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