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Bankruptcy "proofing" litigation settlements: can it be done? (Selected Topic).

Business Credit

| May 01, 2003 | Glick, Stuart J. | COPYRIGHT 2003 National Association of Credit Management. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

After trying everything at your disposal to collect a large sum owed by one of your customers, you ultimately file a lawsuit in which you seek to collect the outstanding debt. Your former customer/now adversary raises a host of defenses and counterclaims concerning your performance, the quality of your product/services and other claims .After slugging it out for a number of months (and incurring ever-increasing legal fees), you are able to reach an acceptable settlement. But no sooner has the ink dried on the settlement agreement than your former customer flies for bankruptcy. Unfortunately, this may mean that the large settlement payment you just obtained may have to be ...

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