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Insolvency and Bankruptcy Implications in Drafting and Negotiating Settlement Agreements

Tuesday, December 3, 2013 12:30 PM to 1:30 PM
Boston Bar Association - 16 Beacon Street, Boston, MA



Most civil cases settle because the costs and risks of litigation outweigh the benefits of seeing the case through to a final decision by a court or arbitrator.  Where the prospect of insolvency exists, however,   practitioners need to take into consideration the potential impact of a bankruptcy filing on the bargain they are striking with their adversary.  There is very little more frustrating to a client who has already taken less than its original demand by settling the case than to learn that a subsequent bankruptcy will prevent it from receiving any benefit at all.    What can plaintiffs do to best position themselves in the event of a bankruptcy?  How do the preference provisions in the Bankruptcy Code impact settlement payments?  Please join us on December 3, 2013 at 12:30 pm at the BBA, as our guest speakers, Francis C. Morrissey (Morrissey, Wilson and Zafiropoulos LLP, Braintree MA) and Jeffrey D. Ganz (Riemer & Braunstein LLP, Boston, MA) will discuss these and other insolvency-related issues, including most importantly whether and how to address them in the settlement documents.


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Jennifer Jones


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