test folder

2021 Stroock Bankruptcy Guide

Issue link: https://mbozikis.ufcontent.com/i/1422521

Contents of this Issue

Navigation

Page 89 of 319

24 the bankruptcy court would have granted the relief. And, second, the delay in seeking the relief requested resulted from "extraordinary circumstances." See Schwartz v. Aquatic Dev. Grp., Inc. (In re Aquatic Dev. Grp., Inc.), 352 F.3d 671, 677–78 (2d Cir. 2003). Orders authorizing retention of various professionals, discussed above in Chapter III.I., are often issued on a nunc pro tunc basis. 2. Adversary Proceedings Unlike motion practice and contested matters, adversary proceedings, which are governed by Part VII of the Bankruptcy Rules, resemble non-bankruptcy civil litigation and, in fact, incorporate many of the Federal Rules of Civil Procedure through the Bankruptcy Rules. Thus, for example, adversary proceedings are commenced through the filing and service of a complaint rather than a motion. F ED. R. BANKR. P. 7003–7004. Adversary proceedings are reserved for certain specific matters of controversy which would seek to significantly and directly impact one party's rights, including proceedings to recover money or property, to determine the validity, priority or extent of liens or other interests in property, to object to or revoke a discharge, to revoke a confirmation order, to obtain an injunction or other equitable relief outside of a plan, to subordinate an allowed claim or interest outside of a plan and to obtain a declaratory judgment relating to any matter required to be commenced by adversary proceeding. F ED. R. BANKR. P. 7001. 3. Contested Matters Contested matters are a sort of hybrid between motion practice and adversary proceedings. On the one hand, like motion practice, the relief is presented to the bankruptcy court via motion and not complaint. On the other hand, like adversary proceedings, they involve issues as to which there is a dispute between at least two different parties and many of the Bankruptcy Rules (and, in turn, many of the Federal Rules of Civil Procedure) applicable to

Articles in this issue

view archives of test folder - 2021 Stroock Bankruptcy Guide