CEB bankruptcy publications will help you advise your clients on bankruptcy issues affecting real property, debt collection, family law, intellectual property, and more.
NOTE: Nationally published treatises do not generally cover Ninth Circuit or federal district court decisions in California, nor do they explain the specific provisions of California law when bankruptcy courts must defer to state law. CEB does all of this and MORE in these titles:
California Real Estate Bankruptcies: Law and Litigation
This practice guide contains 10 chapters that will help you confidently discuss bankruptcy matters with your clients, determine whether or not to handle the matter yourself and, when using a bankruptcy specialist, assist in strategizing, negotiating, and litigating bankruptcy issues with this practical guide. It covers filing and defending secured, unsecured, and undersecured creditor claims; seeking relief from the automatic stay to continue a foreclosure action; defending against claims of preferential or fraudulent transfer and adversarial actions; pursuing an unlawful detainer action when the bankruptcy is filed; accepting and rejecting residential and commercial leases and ramifications to the landlord and tenant; understanding the cap on landlord damage claims after lease rejection; parsing the unusual circumstances of a landlord's bankruptcy; pursuing mechanics' liens and related remedies against the debtor; perfecting a lien after a bankruptcy is filed; and analyzing joint checks and payments that skip over the debtor.
Moving for Relief from the Automatic Stay in Bankruptcy (November 2010)
The automatic stay is one of the most powerful tools available to a debtor under the U.S. Bankruptcy Code. This action guide is designed to help creditors, landlords, litigation plaintiffs, and other persons adversely affected by the automatic stay obtain relief from it in order to pursue their rights against the debtor. The guide reviews important considerations before moving for relief from stay, penalties for violation of the stay, and what actions a creditor may take even though the stay is in effect. The statutory grounds for relief from the automatic stay are covered in detail, along with bankruptcy court procedures for relief. The appendix to the guide has 28 sample bankruptcy court forms.
California Landlord-Tenant Practice
Chapter 14, "Tenant Bankruptcies: Relief From Stay, Rent Claims, and Lease Issues," by Nancy J. Newman, gives an easy to understand summary of rules on assumption and rejection of both residential and commercial leases, collection of post-petition rent as an administrative priority claim, and procedures and forms for preserving a landlord's claim for damages in a commercial property. The chapter, which has more than two dozen of the most useful creditor forms, also covers how landlords may use a relief from automatic stay motion or other procedure for regaining possession from a bankrupt tenant who is in default or cannot assume the lease.
California Mechanics' Liens and Related Construction Remedies
Chapter 6, "Enforcing Lien Rights Against a Debtor in Bankruptcy," by Molly J. Baier, is an insightful guide for mechanic's lien claimants (and other claimants) seeking to preserve their statutory rights in real property and other assets that are part of the bankruptcy estate. It offers excellent strategies for the unsettled question of whether a claimant can record a mechanic's lien against real property in bankruptcy and succinctly discusses avoidable transfers of bankruptcy estate property.
California Mortgages, Deeds of Trust, and Foreclosure Litigation
Chapter 11, "Enforcing Secured Loans Against Debtors in Bankruptcy," is a comprehensive chapter for those representing secured creditors when the borrower is in bankruptcy, including stay relief, lien stripping strategies, property valuation issues, and defending avoidable preferences. Chapter 7 also offers numerous debtor strategies, including bankruptcy and defending MERS stay relief motions. A frequently used alternative to a involuntary bankruptcy is a receivership, which is used by lenders in conjunction with pending foreclosures and covered in Chapter 6. This book also provides up-to-date, practical advice for both lenders and borrowers, and navigates the intricate maze of secured loans, foreclosure, and other available remedies, and the process of pursuing them without accidentally forfeiting creditors' rights.
Secured Transactions In California Commercial Law Practice
Chapter 6, "The Secured Creditor and Bankruptcy," by Ellen A. Friedman, shows secured lenders how to protect their security interests in personal property when the borrower is in bankruptcy, including a motion for relief from the automatic stay or alternative procedures for obtaining title from a borrower who has insufficient equity in the property or cannot reinstate the loan under reorganization.
Debt Collection Practice in California
Chapter 12, "Bankruptcy Considerations," by Richard K. Diamond, Donald W. Fitzgerald, Iain A. Macdonald, Margaret M. Mann, Victor A. Vilaplana, and Riley C. Walter, provides an overview of relief available to debtors under bankruptcy laws, emphasizing individual bankruptcies. The chapter also summarizes tactics for unsecured creditors, including nondischargeability actions, debt reaffirmation, and relief from stay.
California Domestic Partnerships
Chapter 16, "Bankruptcy Issues for Domestic Partners," by Michael T. O'Halloran, provides a full explanation of bankruptcy issues for registered domestic partners in light of the federal Defense of Marriage Act, which excludes same-sex partners from the treatment given to traditional spouses under federal law. It also covers retroactivity issues, claims between current or former domestic partners, bankruptcy treatment of debts, the effect of the automatic stay, completing bankruptcy forms, and issues raised by specific Bankruptcy Code sections.
2012 Practice Under the California Family Code: Dissolution, Legal Separation, Nullity
Chapter 22, "Family Law and Bankruptcy," by Steven J. Schwartz and David A.Tilem, provides an extensive overview of the effect of bankruptcy on marital dissolution proceedings, including the automatic stay, timing of filing bankruptcy in relation to dissolution, bankruptcy exemptions, handling emergency situations, bankruptcy treatment of debts related to support and property, collecting support debts through bankruptcy, distinctions between Bankruptcy Code Chapters 7, 11, 12, and 13, and strategic considerations in seeking bankruptcy while dissolution proceedings are pending.
Intellectual Property In Business Transactions
Chapter 12, "Intellectual Property Licenses in Bankruptcy," by David H. Kennedy, addresses the treatment of intellectual property licenses in bankruptcy cases. This topic has important ramifications for licensors or licensees of intellectual property, including technology and entertainment companies and software developers, whose counter-party under the license agreement may be insolvent or approaching insolvency. The chapter begins with an overview of Chapter 11 and the bankruptcy rules governing assumption and rejection of executory contracts. It reviews the legal aspects of bankruptcy filings by both licensors and licensees. The chapter concludes with a series of annotated model clauses for license agreements intended to clarify the rights of both parties in the event of a bankruptcy filing.