Bankruptcy can be an intimidating process for the uninitiated, both due to the specialized language and concepts and due to the strict procedural rules governing its practice. Adding another layer of complexity is the exclusively electronic filing system now employed by the bankruptcy courts in the Eastern District of Virginia. We are available to assist in a lead or supporting role for those confronted with the bankruptcy process. 

    General Litigation. We have broad experience, and notable success, with virtually all aspects of bankruptcy litigation, including nondischargeability actions, claims objections, adequate protection motions, estimation proceedings, valuation hearings, disclosure statements and plan confirmation issues and injunctive relief. We are also available to assist out-of-state professionals with the engagement process and with pro hac vice appearances. 

    Procedural Issues. Occasionally, an issue in dispute can be resolved on a purely procedural basis, without having to resort to the underlying substantive principles. We have experience in handling motions to withdraw the bankruptcy court's jurisdictional reference, requests for abstention, venue objections and other such pleadings. Pete Zemanian was recently published in the Bankruptcy Law News, a publication of the bankruptcy section of the Virginia State Bar, on the developing law governing the concept of "judicial estoppel" in bankruptcy. 

    Appellate Matters. We have frequently defended, and occasionally pursued, appeals of bankruptcy court rulings to the district court and to the Fourth Circuit Court of Appeals. We are available to assist on all issues of compliance with the rules governing appeals, with the mandatory Fourth Circuit mediation process, and with the actual briefing process. For cases that warrant it, we are available to provide advice and counsel, or assume the lead duties, on appellate arguments