In need of specific expertise in bankruptcy trustee law and constitutional law for the purpose of crafting an amicus curiae or other form to address a specific legal question.
A party is seeking to effectively nullify or negate the effects of a bankruptcy court proceeding, through relief requested in probate and family court. Your expertise is needed to craft a well-supported written legal argument opposing this.
In the alternative, if in your professional opinion such an opposition is not supportable, a paid consultation at your standard rate to review the case and your reasoning.
The proposed argument is two-fold:
1 - the probate and family court cannot make such orders, as they would violate the Supremacy Clause; because of the nature of the requested relief, a field preemption applies.
2 - if the probate and family court were to make such orders, it would advance the interests of one party above all other interested parties in the federal bankruptcy case, which would seem an egregious encroachment on federal jurisdiction on the part of the probate and family court, even if federal preemption were seen as conflicted.
The contract is to provide a written argument by refining, supporting, and supplementing these arguments, while tying it back to the case at hand. Support all as extensively as possible with case law and any other legal authoritative references.
Massachusetts licensed attorney in good standing required. The ideal professional will have experience as attorney for bankruptcy trustees and appellate work. Your completed work will become part of the record; all must provide BBO# for licensure check and ethics screening.