Bankruptcy Writing Samples


Opposition to Motion by Trustee to Reopen Chapter 7 Bankruptcy. The debtor was a plaintiff in a class action product liability case (for a defective medical device) many years after his bankruptcy case was closed. The Trustee argued that the proceeds from the class action case belonged to the estate; we argued otherwise.

Motion to Accept Late Filed Claim, Southern District of New York. The debtor was refusing to accept a claim that was technically late, but the creditor had a great reason for not filing on time: debtor had listed the wrong address for the creditor in its papers. We filed this motion, and the debtor promptly settled by accepting the claim.

Motion to Restore Possession, District of New Jersey. The debtor was locked out of its commercial space moments before it filed for bankruptcy protection. We filed this motion, and the bankruptcy judge encouraged the landlord to let the debtor back in. The parties ultimately settled on a sale.

Reclamation Rights Summary. My summary of a vendor-creditor's rights of reclamation in the event a vendee files for bankruptcy protection. Use it in good health!