With increasing frequency, I am being asked by class action plaintiffs lawyers about what to do before, during and after a bankruptcy filing by the defendant corporation. Issues commonly begin to arise during settlement negotiations when the defendant asserts its purported inability to pay any substantial judgment.
When a bankruptcy scenario becomes likely, class action plaintiffs must be aware of their options and potential strategies. Here is a brief overview of the challenges that class action plaintiffs counsel should keep in mind in a threatened or actual bankruptcy scenario.
