Blogging has enabled me to meet many people I otherwise likely would never have met. On such person is Yitzhak Greenberg, a bankruptcy attorney in New York City who clerked for Judge Arthur Gonzalez and whose practice is focused on all aspects of bankruptcy (including the representation of both debtors and creditors). Yitzhak is passionate about contributes to the advancement of our understanding of complex bankruptcy law issues. Among other things, he has written for The Bankruptcy Strategist and the Norton Bankruptcy Advisor and has participated in panels sponsored by the PLI and Law Journal Newsletters. He can be reached at YitzhakGreenberg@gmail.com or YGreenberg@bgandg.com.
Yitzhak has long taken an interest in the bankruptcy jurisprudence expounded by the US Supreme Court. His discussion in the July 2011 issue of the Norton Bankruptcy Advisor, entitled Credit Bidding After Philadelphia Newspapers: The Fat Lady Has Not Sung, merited citation by the Radlax petitioner in its opening merits brief on the subject of credit bidding.
Yitzhak now graciously offers, through this guest post, an analysis of whether a bankruptcy court can enter a final order in a Stern proceeding with the parties’ consent. Yitzhak shows that the seemingly obvious answer is anything but. His discussion is a good preview of the issues that the Supreme Court will address this coming term in Bellingham (see also Weil Bankruptcy Blog for further background into case).
The famed Professor Karl Llewellyn equated the study and practice of law to the boy in the nursery rhyme who jumps into a bramble bush, thereby scratching out his eyes, and then summons "all his might and main" to jump into a second bush, thereby having them scratched back in. Yitzhak in this guest post offers "a modest proposal" out of the bramble bush through amendments to the local district courts’ standing orders of reference. Still, even if Courts were to adopt Yitzhak’s proposal, thereby avoiding further needless brain damage on the issue, the Supreme Court will rule on the issue, thus allowing us to both have the bramble bush and eat it (as suggested by John Heywood in his book of proverbs in 1546).
Special thanks to Yitzhak for offering to share his wisdom with readers of this blog. My blogging has been a definite casualty of a busier work schedule and pretty mischievous twin boys (now five years older than in this post). I hope Yitzhak’s second guest post (first one on "Stub Rent") encourages other guest post submissions (and his return). With total page views on the blog to date at over 750,000, it’s a good way to hit one’s target audience.
Continue Reading A Guest Post by Yitzhak Greenberg: “Deeper into the Darkling Abyss: The 5th Circuit joins the 6th and 7th Circuits in Finding that Consent Cannot Cure A Bankruptcy Court’s Stern Infirmity”