At some point in their careers, all litigators receive the call advising that a case they are preparing for trial is being stayed because one of the parties has filed for bankruptcy. Filing bankruptcy implicates myriad possible issues. For example, nondebtor parties may seek relief from the automatic stay from the bankruptcy court to continue the litigation, certain pending litigations may be removed and adjudicated in the bankruptcy court itself — a court that may be across the country from the pending litigation — and the bankruptcy court may provide a central forum for claim resolution and preservation of insurance proceeds.
Most civil litigators don’t feel comfortable navigating the peculiar waters of the bankruptcy venue — and it’s no surprise that the referring counsel often disdainfully advises the bankruptcy specialist that the filing was merely a litigation tactic to delay adjudication in state or federal district court.
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