August is that hot, humid time of the year when many professionals in the concrete jungles across this country decide to quietly slip away to more scenic locales (if you don’t believe us, try calling up your stockbroker right now… go ahead, we’ll wait). Unfortunately, fellow bankruptcy practitioner, the law waits for no one.
You know the drill. Just as you’re about to take off a little early to join your investment banker friends at the beach, an email arrives in your inbox. Congrats! You have been tasked with writing a memo about a bankruptcy topic you know next-to-nothing about. Oh, and did we mention it was due “yesterday”?
Have no fear, loyal reader—we’re here to help. We at the Weil Bankruptcy Blog have compiled our favorite “must-cite” cases—the sort of cases that no brief or motion on a particular issue should go without citing. The criteria were simple: If your emergency memo fails to cite to one particular case, will it come back with a note saying, “You missed something. TRY AGAIN!”? If so, then you’ve got a “must-cite” case. (By the way, it also sounds like you’ve got a jerk for a boss, with all this last-minute memo writing and mean post-it notes.)
Our “Must-Cite” Cases