• Experienced Trial Attorney
  • In-Depth Client Follow Up
  • Advocate for Client Rights

A Wilmington, Delaware, Corporate Bankruptcy Law Firm

The automatic stay injunction has always been one of the most compelling reasons for debtors to voluntarily file for bankruptcy. An automatic stay is also one of the most powerful tools available for protection from creditors. Based on that fact, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) has changed the rules and diminished the power of bankruptcy’s automatic stay to some degree.

The Bailey Law Firm provides experienced and skillful representation to lenders, creditors or lawyers and law firms seeking local counsel and assistance with the collection of personal injury judgments and other parties in the United States who are seeking relief from the automatic stay in the Wilmington bankruptcy court.

Attorney James F. Bailey personally represents the firm’s clients in all bankruptcy-related matters in Wilmington’s U.S. Bankruptcy Court, in the U.S. District Court for the District of Delaware and in the U.S. Court of Appeals for the Third Circuit. Over the course of Mr. Bailey’s 33-year career — he has personally managed more than 300 civil jury trials in the Delaware courts.

The firm assists clients in obtaining automatic stay relief through:

  • Negotiation of pre-petition waivers of the automatic stay/forbearance agreements
  • Negotiation and documentation of debtor-in-possession (DIP) financing or cash collateral use agreements and related court orders
  • Motions to vacate, annul, modify or grant automatic stay relief on the basis of bad faith filing, repeated filings, debts incurred through fraud or defalcation, or debts incurred through willful or malicious conduct
  • Motions for relief from the automatic stay with regard to personal injury judgments, support obligations or government fines
  • Motions for relief on the basis that there is no equity in the property which serves as collateral for a loan and the property is not necessary for the reorganization of a debtor
  • Motions for relief to permit foreclosure on collateral

 To schedule a free initial consultation —Contact attorney James F. Bailey via e-mail or call the firm’s Wilmington offices directly at (302) 658-5686.