Book Description

I Rest My Case is a fascinating and profoundly moving memoir that chronicles the life of J. Stanley Shaw from his childhood years under the supervision of the Brooklyn Hebrew Orphan Asylum in the 1930s to his career as one of the preeminent bankruptcy attorneys in the United States. Shaw's colorful and often poignant reminiscences take us from Depression-era Brooklyn, through his years at Columbia University and New York Law School, his early setbacks at the hands of an unscrupulous real estate developer who left him one million dollars in debt, the political education he received as a leader of the New York Liberal Party during the 1960s and 1970s, and his groundbreaking legal work in corporate bankruptcy. The pages of I Rest My Case are filled with fascinating characters-some famous and some obscure, but always memorable. Shaw was a candidate for mayor of New York, and his political career brought him into contact with a diverse range of luminaries from Nelson Rockefeller to Al D'Amato, and from George McGovern to George Pataki. Shaw has turned a wry and thoughtful eye on his life, filling the pages of his memoir with trenchant observations about the human condition. A brisk narrative set against a rich backdrop of American cultural and legal history, I Rest My Case is a testament to the strength of the human spirit and the redemptive power of love. All proceeds from the sale of the book will be donated to the Association for Adults and Children With Learning Disabilities (ACLD), a not-for-profit organization that assists more than 2,500 infants, children and their families. ... Read more

Reviews (10)

GUARDIANSHIP-GOOD OR BAD...SHAW,LICITRA,ESERNIO
In 1994, Mike DeLano, my best friend of more than 50 years, suffered a minor stroke.This excuse was used to declare Mike "incapacitated" when his immediate family began to fight over Mike's assets.George Esernio of Shaw, Licitra, Esernio, Schwartz & Bohner, along with Mike's wife Kathryn, were "appointed" as co-guardians of Mike's estate by Judge Frank S Rossetti, who himself is "appointed" by Governor Pataki, a staunch political supporter and personal friend of Stanley Shaw and his firm. A coincidence, I don't think so.

Co-guardians George Esernio and Kathryn DeLano, Mike's wife, after stealing everything they could before legally marshalling over four-million dollars in tax-free municipal bonds. You know, the kind you just need to clip the coupons on for the rest of your life and, would net a person nearly 2-3 hundred thousand dollars a year in income. Well, they began by spending eight-hundred thousand in their first year causing bonds to be cashed in, thereby not only reducing principal, but the interest that Mike's bank accounts should receive in income.Throughout the next ten-years, despite objections the entire time from Mike's eldest son Franklin, the excessive spending continued until Mike's money was nearly all gone.Sadly but much richer, Mike's wife and her co-guardian attorney George Esernio, who now needed a big influx of cash to keep the excessive fees and other expenses being paid, not very surprisingly, decided to sell Mike's buildings and land in Queens that he and Franklin had built with their own hands over a period of forty years. Whew, another couple of million of Mike's money to spend on themselves for a few more years before they need to sell the next building. Oh, did I forget to mention that those buildings that Mike built contained other businesses' that Mike owned that were also adding income to Mike's estate for fifty-years.Too bad his wife Kathryn and George Esernio, who charged more in fees than Mike himself ever took in salary, went bust from "mis-management".

So it would appear that Mr. Shaw and his firm are not Saints or knights in shining armor but instead, a bunch of crooks. At least in this example. Want to know more, call Franklin of the NBGAG (National Bad Guardianship Advocacy Group)at (406) 825-5040 or (406)628-4862 or go look up Index No. 24309-I-93 in the Nassau County Courthouse located at 240 Old Country Rd. in Mineola, NY. and be ready for the guardianship shock of your life!

SUCH A CROOK
I have personally witnessed Shaw's law firm in action. They suck. I saw one instance where they took millions of dollars from my childhood friend and charged hundreds of thousands in legal fees for simply clipping coupons and for instigating problems of an already dysfunctional family.

PLEASE!Say it ain't so...
Is this the same Shaw that has a law firm on Long Island known as Shaw, Licitra, Esernio, Bohner & Schwartz?The one that receives so much praise, patronage and rewards from the heirarchy of people in power? If you need a lawyer or firm with influence and crooked political connections, this one is among the top ten.

LIARS & CHEATS
This book is supposed to chronicle Shaw's career as a legacy to his family. Some career. Him and his law firm through his partner George Esernio, receive patronage appointments nowadays from people like judge Frank S Rossetti who was appointed not elected by Gov. Pataki so that they could steal millions in fees from the elderly and infirmed while the families of those elderly people go starving.

HEARTWRENCHING RAGS TO RICHES STORY:
I should have given this book five stars. Five for the amount of B.S. it contains.It never ceases to amaze me that in our modern society, the narcissistic people who are politically and socially corrupt, are hailed by themselves as hero's.Shaw confesses to having deceived his family for many years before finally writing his "legacy".What would make the reader now suddenly believe an admitted liar? I get the impression Shaw is still a "Schmuck" with a fountain pen".Only these days, he and his law firm steal more with those pens than an army of gangsters with guns. ... Read more

Book Description

This digital document is an article from Business Credit, published by National Association of Credit Management on July 1, 1999. The length of the article is 783 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

From the supplier: National Assn of Credit Management members have expressed disappointment over federal efforts to implement the Chapter 11 Plan of Reorganization. They strongly believe that several provisions of the legislation are not only a direct violation of the bankruptcy law, but are also hindrances to the growth of trade creditors. By withdrawing third party obligations on various financial plans, legislators are actually encouraging the use of financial malpractices in the industry.

Citation Details
Title: Watch out for Chapter 11 plans relating to guarantors.
Author: Charles M. Tatelbaum
Publication: Business Credit (Magazine/Journal)
Date: July 1, 1999
Publisher: National Association of Credit Management
Volume: 101Issue: 7Page: 16(1)

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Book Description

This digital document is an article from Business North Carolina, published by Business North Carolina on August 1, 2001. The length of the article is 1243 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: A bitter pill to swallow, but Chapter 11 is strong medicine for an ailing company.
Author: Terri L. Gardner
Publication: Business North Carolina (Magazine/Journal)
Date: August 1, 2001
Publisher: Business North Carolina
Volume: 21Issue: 8Page: 66

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Book Description

This digital document is an article from William and Mary Law Review, published by College of William and Mary, Marshall Wythe School of Law on February 1, 2002. The length of the article is 9766 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: Confusion and solution: Chapter 11 bankruptcy trustee's standard of care for personal liability.
Author: David P. Primack
Publication: William and Mary Law Review (Refereed)
Date: February 1, 2002
Publisher: College of William and Mary, Marshall Wythe School of Law
Volume: 43Issue: 3Page: 1297(24)

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Book Description

As record numbers of bankruptcy cases cause concern that more and more debtors are shirking their responsibilities, Gross offers a new perspective on the problem. In this important book, she provides an accessible introduction to and evaluation of the federal bankruptcy system; places legal issues of bankruptcy in their social context; explores the often conflicting interests of those involved; and suggests an innovative and humanitarian approach to bankruptcy. ... Read more

Reviews (2)

Splendid
This book is possibly the most accesible law book that I have ever come upon. It is not only appealing to those in the legal profession, but to those who are not. Professor Gross's insights and conclusions are refreshing to read in the face of our Nations ubsession with casting the debtor as a lazy peron who overlooked his or her duties. I recently saw Professor Gross on CNN and after hearing her speak, I immediatly went and picked up a copy for myself. I would solemly recommend this book to anyone interested or involved in the bankruptcy system.

Perhaps one of the greatest law books I've ever read
Professor Gross's book is truly spectacular. Not only is it appealing to members of the legal profession, but it is also an immeasurable aid to those who are not. Professor Gross's conclusions are well thought out and extremely well articulated. I recently saw her on CNN, and I would reccomend that anyone who is in debt and considering bankruptcy purchase this book. ... Read more

Book Description

Covers revised statutes or rules of court governing the enforcement of judgments and prejudgment procedures. Illustrates various approaches of individual jurisdictions with cases that represent current law in the respective states. Special attention to the modernization of the state exemption laws. Presents recent case law showing problems and controversies created by the Bankruptcy Code and the Amendments of 1984. Deals with special problems relating to the formulation and confirmation of Chapter 11 and Chapter 13 plans. ... Read more

Book Description

This digital document is an article from Business Lawyer, published by American Bar Association on May 1, 1994. The length of the article is 14937 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

From the supplier: The ratio of a debtor's fixed and liquid assets should be compared with the same ratio common to the debtor's industry to determine whether a debtor has engaged in fraudulent conveyances due to unreasonably small amounts of working capital. An economic model for determining the amount of working capital considered unreasonably small will make the application of the Uniform Fraudulent Conveyance Act and the Uniform Fraudulent Transfer act more consistent.

Citation Details
Title: Defining "unreasonably small capital" in fraudulent conveyance cases: ratio analysis may provide an answer.
Author: Garrick A. Hollander
Publication: Business Lawyer (Magazine/Journal)
Date: May 1, 1994
Publisher: American Bar Association
Volume: 49Issue: n3Page: 1185-1224

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Book Description

The availability of bankruptcy exemptions allows individuals to legally retain certain property despite their bankruptcy. ... Read more

Book Description

Described by the Chicago Tribune as a "latter-day version of Dickens' Bleak House," Bankruptcy: A Feast for Lawyers is a shattering indictment of bankruptcy law by a CEO who lived through the experience of Chapter 11. Author Sol Stein exposes a system that is supposed to provide an opportunity for troubled companies to reorganize, but kills more than 70% of the businesses that take refuge in it while enriching legions of lawyers. In the nightmare world of Chapter 11, the gainers are seldom the creditors or the debtor company, but rather the bankruptcy bar, impeached in this book by their own conduct and the condemnation of their ethical brethren. Besides his own experience, the author draws examples from diverse industries -- trucking, food, real estate, oil, and publishing. ... Read more

Book Description

Inside the Minds: The Art & Science of Bankruptcy Law is the most authoritative book ever written on the essentials behind the successful practice of bankruptcy law. This title features Group Chairs and Department Heads of Bankruptcy from some of the nations top law firms, who have each contributed chapters akin to objective, experience-related white papers or essays on the unique responsibilities they hold within the legal field. In an over-arching as well as in-depth presentation of the fundamentals, authors articulate the unspoken rules and the important issues facing any bankruptcy lawyer now, and what will hold true into the future. From examining the fundamental role of the lawyer and the creditor-debtor relationship, to evaluating the process of emerging from bankruptcy, and protecting and liquidating assets, this book pulls readers through all facets of bankrupcy law, from start to finish. The different niches represented and the various perspectives presented enable readers to get inside these great legal minds and gain valuable insights into the industry, as the experts go back to basics in a must-read for anyone interested in bankruptcy and the law. ... Read more

Book Description

This single-volume book focuses its attention on the central issues of bankruptcy, including commencement, dismissal, and conversion; automatic stay; the use, sale, and lease of estate property; avoidance powers; liquidation; exempt property; individual and business reorganization; proceedings; jurisdiction; and procedure. It’s a condensed version of the authors’ three-volume treatise and marks the places where materials are omitted. This alerts the reader that more is available in the full three-volume treatise. Cross-reference is easy because the section and footnote numbers are identical between the two versions. ... Read more