In the Coronavirus economy, more creditors will consider involuntary bankruptcy petitions against their debtors. However, involuntary bankruptcies are poorly understood. Many lawyers are aware of the involuntary bankruptcy but do not understand their strategies and mechanics. This program - a field manual for involuntary bankruptcy - fills that gap for both creditors and alleged debtors.
This course will cover initial strategy decisions, including business considerations for filing an involuntary bankruptcy petition, state and federal alternatives to involuntary, and the risks of involuntary petitions, including “bad faith” involuntary bankruptcies and “collusive involuntary. For petitioning creditors' counsel, the program will discuss the statute's and rules' practical implementation, planning the involuntary case, and expediting the case’s business goals, as well as risk management for the petitioners' attorney. For involuntary bankruptcy petition defenders, the program will include motions for dismissal and sanctions, using the “gap period,” abstention defenses, and the “bar to joinder” defense.
Wayne M. Greenwald represents the entire spectrum of parties-in-interest in debtor-creditor matters and cases under the U.S. Bankruptcy Code. He has extensive experience in business and commercial litigation and assists clients at all phases of dispute resolution, including pre-claim negotiations, mediation, arbitration and trial.
Wayne M. Greenwald has been concentrating in debtor-creditor law for more than 30 years. He was the assistant chair of the Defense Research Institute's Special Litigation Group on Creditors' Rights and Bankruptcy. He formerly served as co-chair of the American Bankruptcy Institute's commercial fraud task force.
Mr. Greenwald lectures frequently and has published or edited articles, treatises and books on bankruptcy and creditors' rights, including Criminal Practice/ Bankruptcy Proceedings. He is highly regarded in the legal community and has been included in 2007, 2008 and 2010 New York Super Lawyers.