In this seminar, an experienced panel of insolvency and bankruptcy lawyers provided guidance on how to navigate the complex intersection of personal injury law and insolvency and bankruptcy law. The following key considerations were covered for personal injury lawyers:
- The impact of bankruptcy on key heads of damages, including: pain and suffering, property damage, lost income, lost earning capacity, SABs
- Dealing with the trustee in bankruptcy: whether the victim of the trustee holds the cause of action, and whether the trustee is a necessary party to the litigation/settlement
- Best practices and key timing considerations to ensure that bankruptcy and insolvency issues are properly addressed
Randy Schliemann was one of the program speakers and presented her paper on Discharged but not disconnected: litigation for personal injury lawyers after Thistle v. Schumilas.