Publisher's Synopsis
Bankruptcy Litigation generally arises out of disputes between the debtor seeking relief from his/her/its creditors, and the creditors who seek to in some way to stop the discharge of a debt. Conflicts usually are over a debtor seeking to retain some property which has been pledged as collateral on a loan, or the way a debt will repaid or restructured. Bankruptcy litigation is conducted within the jurisdiction of the federal courts. Because of this, federal courts operate on an expedited docket. Many procedures which can usually take months in state court are condensed into weeks or days in federal court. The Bankruptcy practitioner must be prepared to take a case to hearing and conclusion within one month of a request for action. Organization and efficiency is a prime factor in Bankruptcy practice. In light of the October passage of the 1994 Bankruptcy Reform Act, the traditional fast-tracking of Bankruptcy cases through the court system will accelerate even faster. Matters which were required to be brought to hearing within 30 days of a motion, now must be concluded within 30 days of the motion.;Also, many substantive changes to the way debtors are treated and discharged have changed thereby creating many new avenues for creditors to block a debtor's actions to discharge debt. Many of the parameters for filing within each particular chapter of the Code have also changed, and this will create conflicts concerning eligibility to file.
