Legal Question in Bankruptcy in New York

Bankruptcy claim

I am a writer who just got his royalty statement from a New Jersey publisher, which has published two of my books. The publisher said that it could not pay the royalties owed to me at this time because it is in chapter 11 bankruptcy, and fending off three lawsuits. I want to know that, given the nonpayment of royalties to me in a timely manner, if I can get my rights back to the books. I am starting my own publishing company and want to publish it myself.

Here below is what my contract with the publisher says.

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'' BANKRUPTCY: If a petition in bankruptcy is filed by or against the

Publisher, and such petition is finally sustained, or a petition for

arrangement is filed by the Publisher or a reorganization petition is filed

by or against the Publisher, and an order is entered directing the

liquidation of the Publisher in bankruptcy, or the Publisher makes an

assignment for the benefit of creditors, or the Publisher liquidates its

business for any cause whatever, the Author may terminate this agreement

by written notice and thereupon all rights granted herein shall revert

to him automatically.''


Asked on 10/21/07, 10:02 pm

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: Bankruptcy claim

YOU NEED A LAWYER who handles copyright matters AND who knows something about chapter 11 bankruptcy. If you can't find that combination in one individual, you will need two lawyers to work in tandem with each other (one copyright lawyer, one Chapter 11 bankruptcy lawyer). This is WAY too complex an issue to even attempt to answer here.

Good luck.

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Answered on 10/21/07, 10:14 pm


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