Legal Question in Bankruptcy in New York

Bankruptcy Filed During Litigation Process

Hello

I am suing a public company in New York for discrimination and am in the initial phases of discovery. They are in very shaky financial grounds, and will most likely file bankruptcy before this even goes to trial. Will this automatically throw my case out? I did file the claim with aiders and abetters can i go after them if the company goes bankrupt since it is NY State? Thank you in advance for your help.


Asked on 5/15/03, 7:54 am

3 Answers from Attorneys
Lance Spodek Lance Roger Spodek, P.C.

Re: Bankruptcy Filed During Litigation Process

If the defendant files for bankruptcy protection all creditors, including yourself, must abide by the Bankrkuptcy Code and Rules. Yes, this will stop your court case and limit you to your claim in the Bankruptcy Court.

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Answered on 5/15/03, 8:43 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Bankruptcy Filed During Litigation Process

If you file a case against a company and that company files for Bankruptcy protection, then the case is 'frozen' (nothing happens) until the bankruptcy issues are resolved. At that point, the case (your lawsuit) goes forward. If you win the case, then you become another creditor of the company. You are welcome to a consultation at no charge at my offices at 42 west 44th st, ny,ny. Please call first for an appointment 646-591-5786.

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Answered on 5/15/03, 11:00 am
Neil Colmenares The Law Office of Neil E. Colmenares, P.C.

Re: Bankruptcy Filed During Litigation Process

You have several options. They are too numerous to list here. Call my office at 718-888-3108 and say you are calling from the Lawguru listing and I will give you a free telephone consultation.

Neil E. Colmenares

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Answered on 5/15/03, 11:22 am


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