Q: Hi I would like to know how the law works when u have a case against a company but they file bankruptcy,
They are still operating and opening new businesses how does that work. Does it mean they are out of bankruptcy.
A:
Most businesses that file a bankruptcy case use Chapter 11 of the Code, in what is called a reorganization. Several of the US airlines have done so, some more than once.
In a corporate Ch. 11, it is the norm to continue to operate the business.
If your "case" against the bankrupt company is pending litigation in some other court, you can file a Motion with the bankruptcy court to get relief from the automatic stay to allow you to complete your litigated case. Failing that, your procedure is to file a Proof of Claim in the bankruptcy case. If the debtor corporation disputes your claim, it will file an Objection to Claim, which then triggers an evidentiary hearing in the bankruptcy court.
Timothy Denison and John E. Pytte agree with this answer
A: I second Mr. Winterstein's reponse. I would only add that every Chapter 11 is different and it would be worth consulting an attorney who could review the Chapter 11 plan and advise on your best course for the case at hand.
Timothy Denison agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
