Protecting Personal Injury Claims in Bankruptcy Cases
Complexities of Property of the Estate, Stay Relief, Judicial Estoppel, Exemptions, and More
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will show personal injury attorneys a way forward when bankruptcy intersects their case, including dealing with judicial estoppel, by leveraging recent case law criticizing its application in bankruptcy. The panel will address key decisions to be made depending on: whether the defendant or plaintiff in the civil action is the entity that filed bankruptcy, which chapter the debtor filed under or converts to affects the analysis, whether the personal injury action was filed before, during, or after the filing of the bankruptcy. The panel will also address settlements and bankruptcy priority of liens and claims in any proceeds recovered.
- Property of the estate
- Automatic stay issues
- Claims against the debtor vs. claims filed by the debtor
- Counterclaims, cross-claims, third-party claims
- Claims against non-debtor defendants
- Relief from stay
- Concurrent jurisdiction
- Standing and judicial estoppel
- Taking advantage of bankruptcy discovery
- Issues arising from post-judgment bankruptcies
The panel will review these and other important issues:
- To what claims does the automatic stay apply?
- What kind of stay relief is available?
- What is judicial estoppel?
- Does the bankruptcy court have to approve the settlement?
- How are the proceeds distributed?
John T. Baxter
Nelson Mullins Riley & Scarborough
Mr. Baxter focuses his practice on bankruptcy law and consumer financial litigation. He has experience representing... | Read More
Mr. Baxter focuses his practice on bankruptcy law and consumer financial litigation. He has experience representing both debtors and creditors in Chapter 11 proceedings touching on a diverse set of industries and has represented clients in bankruptcy and commercial litigation matters in state, federal, and appellate courts.Close
Kurt A. O’Keefe
Detroit Bankruptcy Lawyer Kurt O’Keefe
Mr. O’Keefe is a solo practitioner with 30 plus years of experience in bankruptcy and other consumer law fields,... | Read More
Mr. O’Keefe is a solo practitioner with 30 plus years of experience in bankruptcy and other consumer law fields, with an emphasis on representing student loan debtors. He is board certified in consumer bankruptcy law by the American Board of Certification since October 11, 2001. Mr. O’Keefe is a participant in pro bono program of Bankruptcy Court for the Eastern District of Michigan, 2003 to date. and Michigan State Chair for the more than 180 plus state members of the National Association of Consumer Bankruptcy Attorneys.Close
John C. Ruddy
Ruddy & Petersen Law Group
Mr. Ruddy concentrates his practice in the areas of litigation concerning family law, eminent domain, condemnation,... | Read More
Mr. Ruddy concentrates his practice in the areas of litigation concerning family law, eminent domain, condemnation, bankruptcy reorganization, and commercial matters. He also concentrates his practice on many aspects of import-export transactions and logistics.Close