White Paper

19 Pages
  • 19 Pages

The Effect of Bankruptcy on Non-Bankruptcy Litigation


When a litigant in a non-bankruptcy matter files bankruptcy, the filing can have a profound effect on the rest of the non-bankruptcy litigation.

In the event that the new “debtor” was the Plaintiff in the case, then, depending upon the chapter of the bankruptcy under which the debtor’s bankruptcy was filed, the Plaintiff may, or may no longer, own the claim.  It may very well be the Trustee’s claim to pursue or reject, or otherwise compromise. This white paper review the different types of bankruptcy, considerations upon learning that a debtor has filed for relief under the bankruptcy code, the automatic stay and motions for relief.



Russell D. Garrett

Russell D. Garrett

Jordan Ramis PC

  • Shareholder with Jordan Ramis PC
  • Practice focuses on creditors’ rights, bankruptcy, commercial and bankruptcy litigation, and real estate matters
  • Admitted to practice in both Oregon and Washington state bars, the federal district bars in Oregon and Washington, the U.S. Court of Appeals for the Ninth Circuit, and the U.S. Supreme Court
  • Regularly represents creditors and bankruptcy trustees, and also serves as a Chapter 7 panel trustee for the Western District of Washington
  • Routinely speaks on practice issues relating to creditors’ rights, bankruptcy, ethics and insolvency matters
  • Written many articles relating to creditor issues
  • Member of the executive committee for the Washington Bar Debtor-Creditor Section, and serves as a delegate to the Oregon State Bar House of Delegates
  • Serves as a lawyer representative to the Ninth Circuit and as a trustee for the Federal Bar Association in the Western District of Washington
  • J.D. degree, Willamette University College of Law, where he served as a member of the law review
  • Can be contacted at [email protected]

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