Lieberman Tells Law360 How to Ace a First-Day Motion
Partner Seth Lieberman, a member of Pryor Cashman’s Bankruptcy, Reorganization & Creditors’ Rights Group, recently spoke with Law360 for a July 18, 2016 article, revealing how bankruptcy attorneys can successfully plan for and execute the critical first-day motion in Chapter 11 cases.
To set the stage for a well-received first-day motion, Lieberman urges attorneys to have complete command of the facts and history of the case, even at the preliminary phase. He recommends “treat[ing] each and every first-day motion as if you have to get into the nuts and bolts of every corner. If the judge says move on, all the better.”
Also crucial to the success of the motion, he explains, is doing your homework on the judge before your first appearance, “some judges have reputations for being more debtor-friendly than others, but the worst you can do is assume.” Taking time to learn about a judge’s proclivities can help attorneys avoid unintentionally aggravating their pet peeves, he said, cautioning, “I’ve seen judges put debtors’ counsel through the paces on join administration motions. I’ve seen utility motions dismissed.”
To learn more about Pryor Cashman’s nationally-recognized bankruptcy practice, please visit here. To read the full Law360 article, click here.
