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How to Successfully Litigate a Relief-from-Stay Motion


Level: Advanced
Runtime: 61 minutes
Recorded Date: April 20, 2018
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Agenda

2:30 pm - 3:30 pm
  • Background and Policy
  • Sufficient Cause?
  • Standing
  • In Rem
  • Section 362(d)(1) and (2)
  • Sample of Local Rules - Alabama/Georgia/Texas/Illinois/California
Runtime: 1 hour
Recorded: April 20, 2018

Description

In this program, the panel will discuss strategies on successfully litigating a Relief-from-Stay Motion.

This program was recorded on April 20th, 2018.

Provided By

American Bankruptcy Institute
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Panelists

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R. Scott Williams

Partner
Rumberger Kirk & Caldwell, P.C.

Scott Williams focuses his practice on bankruptcy, reorganization and creditors' rights and commercial litigation. He represents creditors and debtors in complex bankruptcy matters and has substantial experience in handling complex commercial litigation cases. In addition, Scott’s experience extends to litigation and transactional work in a number of areas including: automotive, energy, healthcare and manufacturing sectors.

Scott is active in the Bankruptcy Bar on both local and national levels. He was a contributing editor to Collier on Bankruptcy, and co-authored Bankruptcy Litigation Manual: What Civil Litigators Need to Know. (American Bankruptcy Institute, 2007). In 2007, Scott became the first practicing attorney from Alabama to serve on the Board of Directors of the American Bankruptcy Institute ("ABI") and is currently a member of the Executive Committee. He also currently serves as Co-Chair of the ABI Litigation Skills Symposium and is a frequent lecturer and author on bankruptcy and commercial law topics.

Prior to entering private practice, Scott served as counsel within several administrative units within the U.S. Government. He served as Counsel to U.S. SenatorHowell T. Heflin on the U.S. Senate Judiciary Committee's Subcommittee on Courts and Administrative Practice (1988-1992), and then served as Legislative Liaison to the Federal Courts Study Committee (1989-1990). Scott played a significant role in drafting the United States Bankruptcy Code Amendments enacted in 1995, while serving as Counsel to Senator Heflin.

Mr. Williams received his B.A. from the University of Illinois in 1985 and his J.D. from the University of Alabama in 1988, where he was an editor of the Journal of the Legal Profession.

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Mark M. Maloney

Partner
King & Spalding LLP

Mark M. Maloney is a partner in the Atlanta office of King & Spalding LLP and a member of its Financial Restructuring Practice Group. He specializes in financial restructuring and insolvency matters, and represents a broad range of clients in chapter 11 bankruptcy cases and insolvency proceedings. In addition, he represents litigants in contested matters, adversary proceedings and other bankruptcy and insolvency litigation involving creditors’ rights, lender liability and alter-ego liability.

Mr. Maloney is a Fellow in the American College of Bankruptcy and serves on ABI’s Board of Directors. He also serves as director and program chair of the Southeastern Bankruptcy Law Institute, and as master and membership co-chair of the Honorable Homer Drake Georgia Bankruptcy Inn of Court. He previously chaired the Georgia State Bar Bankruptcy Section. Mr. Maloney has been recognized as a leading bankruptcy lawyer in Chambers USA, The Best Lawyers in America, Legal 500 survey of leading lawyers, The Deal magazine’s list of top bankruptcy lawyers, Atlanta Magazine’s list of Georgia Super Lawyers, and Georgia Trend magazine’s Legal Elite.

He received his B.B.A. cum laude from the University of Mississippi and his J.D. magna cum laude from Washington and Lee University.

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Bess M. Parrish Creswell

Partner
Burr & Forman LLP

Bess M. Parrish Creswell is a partner with Burr & Forman LLP in Mobile, Ala., in its Creditors’ Rights and Bankruptcy Practice Group. She represents debtors, secured and unsecured creditors, committees and fiduciaries in bankruptcy cases, and she advises clients in all aspects of bankruptcy proceedings, including with regard to preference claims, fraudulent transfers, bankruptcy sales and other litigation matters. She also represents a variety of clients in debt restructuring, out-of-court workouts, receiverships and foreclosures.

Prior to joining Burr & Forman, Ms. Creswell clerked for Bankruptcy Judge Ray C. Mullins in the U.S. Bankruptcy Court for the Northern District of Georgia and practiced bankruptcy law with a national law firm in Atlanta. She has been recognized as a “Rising Star” in Super Lawyers from 2012-17 and by the International Women’s Insolvency and Restructuring Confederation in 2011. She has published various articles on bankruptcy issues and spoken on a variety of legal topics throughout her career. Ms. Creswell is a volunteer lawyer for the South Alabama Volunteer Lawyers Program and has served as a board member and board president of Lifelines Family Counseling of Mobile. She served on the executive committee of the Mobile Bar Association in 2014 and 2015, and currently serves as a trustee of the Alabama Law Foundation. She also volunteers with the Mobile County Public Schools as a reading buddy and teaches financial literacy classes to high school students.

Ms. Creswell received her B.B.A. in 2001 from Campbell University and her M.B.A. from the Lundy-Fetterman School of Business, and her J.D. in 2004 from Wake Forest University School of Law.


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