In their desire to zealously represent clients, practitioners may often attempt to rewrite the Bankruptcy Code or Rules in motions or reorganization plans.
'Practice By Ambush'
In their desire to zealously represent clients, practitioners may often attempt to rewrite the Bankruptcy Code or Rules in motions or reorganization plans. However, recent opinions have taken umbrage with these efforts to conduct "practice by ambush" that either propose provisions inconsistent with the Bankruptcy Code or seek to deprive parties in interest of due process, or both. After all, fundamental due process " ... is the cornerstone underpinning bankruptcy procedure...A creditor has the right to rely on the Bankruptcy Code and Rules and to expect to be accorded due process of law in accordance with the Bankruptcy Code and Rules, and the United States Constitution." <i>In re Whelton</i>, 299 B.R. 306, 318 (D. Vt. 2004).
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David L. Buchbinder And Kathleen A. Cashman-KramerThis premium content is locked for The Bankruptcy Strategist subscribers only
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