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SMU Law Review Forum

SMU Law Review Forum

Abstract

The Guarantor’s Lifebuoy in the Bankruptcy Ocean is an article by a practicing litigation law firm partner and associate based on their recent real-world experience arguing in Texas state court and federal bankruptcy court and lessons learned. The article is designed to examine an evidently underutilized bankruptcy stay exception and give actionable how-to advice on invoking it to litigators defending guarantors in scenarios they commonly face: a bankrupt principal obligor defaulting on the guarantied debt.

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