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