July 2018

The Defendant Went Bankrupt; Now What?

Any plaintiff’s lawyer will tell that you that it is never a good thing when a defendant files for bankruptcy.  The conventional wisdom says the chances of ever recovering anything from the “debtor” (the defendant’s new name in the bankruptcy court) is slim to none.  But there are still arrows in the quiver of the prepared and persistent trial counsel.  For example, although a trucking company may file for bankruptcy protection from its creditors, if there is a policy of liability insurance for the company, one can seek relief from the bankruptcy filing by agreeing to limit the recovery to the

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