Bankruptcy Litigation

Most people, including attornies, find the Bankruptcy Court a complex and uncertain place. Most don't know how to handle the defendant that files a bankruptcy petition in the middle of a lawsuit or is already in a bankruptcy proceeding. What they sometimes don't realize is that a defendant's bankruptcy provides new options and opportunities, not just obstructions.

How Swiggart & Agin, LLC Can Help You Cope With the Bankruptcy Process

• In appropriate cases, we can help the litigant obtain relief from the bankruptcy stay to allow the litigation to continue.
• We can help a plaintiff obtain permission to pursue pending litigation against available insurance.
• We can help litigation counsel navigate the bankruptcy systems' complex venue, removal and remand provisions and help counsel select an appropriate forum for resolving the dispute.
• Sometimes, the Bankruptcy Court provides a better forum for resolving the dispute. We will help the client or litigation counsel understand how they can use the bankruptcy process to their own advantage.
• Sometimes, the bankruptcy filing completely halts the non-bankruptcy litigation. In such cases, we will help analyze whether non-dischargeability litigation is necessary and help the client understand the affect of the bankruptcy and how to maximize their potential recovery.
• We also help clients who have received a preference demand from the bankruptcy trustee. The preference claim is a typical action and creditors have several defenses available to these claims. We work with clients to assess their risk and negotiate or litigate with the trustee to eliminate or reduce the repayment.

National Experience

Our bankruptcy practice is not limited to Massachusetts cases. Because our firm has a unique expertise in working with technology and bankruptcy issues, we often represent clients across the country, using local counsel where appropriate. We are also available to assist out-of-state lawyers in Massachusetts bankruptcy matters.

Related Publications and Presentations

• Bankruptcy and Secured Lending in Cyberspace, 3rd Edition (West Group 2005).
• Faculty, What You Need to Know When Bankruptcy Intersects Your Practice, a Presentation at the Suffolk Law School, Center for Advanced Studies, Boston, MA (June 24, 2009).
• Author, The Essential Concept, The First Truth, and the Fourth Circuit's Interpretation of Section 365(c)(1) in In Re Sunterra Corporation, 2005 Annual Survey of Bankruptcy Law 361 (West 2005).
• Here Today and Gone Tomorrow: Section 365(n) and the Unfortunate Intellectual Property Licensee, Andrews Bankruptcy Litigation Reporter (August 27, 2004).
• Warren Agin spoke at the Norton Bankruptcy Litigation Institute IV in Las Vegas, March 29, 2003.
• Mr. Agin was a contributing author to Emerging Issues in Workouts & Bankruptcies 2003 (Practising Law Institute 2003).
• Mr. Agin chaired IP and Commercial Law: Quicksand, Mirages & Oases, a program sponsored by the American Bar Association, Business Bankruptcy Committee, in Los Angeles, April 4, 2003.