"New York Chapter 11"
Reorganization of debts according to 11 U.S.C. 1101, et seq., through the federal court system. All New York chapter
11 cases must be filed in federal court, and generally, do not require a trustee to administer the estate. The
majority of all New York bankruptcy cases filed under Chapter 11 are administered by the debtor-in-possession.
Bankruptcy terminology tends to highly technical,
complex, and somewhat confusing to general practioners. For consumer
debtors filing for the first time, the terms and phrases can be
daunting. The most accurate means of resolving questions of law
necessarily relies upon the advice and counsel of local lawyers and law
firms who are familiar with customs within the Division and District in
which they practice. Attorneys who regularly practice before federal
courts must be licensed not only by the New York State Bar, but also by
the Federal Court for each Division. This additional license requires
familiarity with local rules and the recommendation of other attorneys
who previously received federal approval. Also be aware, federal
employees are prohibited to provide parties in interest what may be
deemed as legal advice.
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