Bankruptcy Litigation

Guide Overview

---

• Bankruptcy Law
• How the Bankruptcy Court Distinguishes Litigation Types
• Personal Injury
• Commercial
• Products Liability
• Insurance

---

PARTNERS

Bruce E. Clay

Brain Hart

Laura M. Annan

Bankruptcy Law

Most people think of bankruptcy as a straightforward process that, unlike many court cases, doesn’t involve a dispute with someone else. You file paperwork and receive a discharge (the order that wipes out qualifying debt) without worrying that someone will object to your case. For the vast majority of matters, that’s how it works. Although every creditor involved in bankruptcy could dispute the discharge, few do—primarily because they don’t often have grounds to make a challenge. But there are still opportunities for those involved (known as “interested parties,” such as the debtor, the creditors, and the trustee) to engage in full-blown litigation. In this article, you’ll learn how typical bankruptcy litigation occurs.

How the Bankruptcy Court Distinguishes Litigation Types

The bankruptcy rules distinguish between litigation matters based on their relationship to the bankruptcy itself. The distinction is important because it affects the jurisdiction and decision-making authority of the bankruptcy judge.

Personal Injury

We have an experienced team of dedicated litigators who have helped many injured people through the litigation process, successfully obtaining excellent results. Its attorneys represent people injured in a variety of ways, from work-related accidents, injuries from defective products, and those injured in automobile accidents. We carefully listen to the needs of our injured clients and zealously advocate on their behalf. We work hard to quickly and efficiently resolve claims through negotiation or mediation. However, when necessary, we are experienced in the state and federal courts of Ontario. If you are injured and need legal assistance, let one of The Eric R. Seese LLP’s experienced personal injury attorneys guide and assist you.

Commercial

Our attorneys have broad commercial litigation experience. We have represented clients in all types of commercial litigation, including: creditor rights; breaches of contract; and commercial tort claims, such as RICO and Sherman Act claims; restrictive covenants, such as non-disclosure agreements and non-compete agreements; intellectual property issues, including litigating claims for misappropriation of trade secrets; corporate ownership and control disputes; and a broad range of other commercial disputes. Our experienced attorneys help clients efficiently and cost effectively manage the litigation as part of the client’s broader business goals.

Products Liability

We have significant experience in handling product liability claims, including mass tort litigation and multi district litigation. We have represented manufacturers, product sellers, distributors and retailers in a variety of product liability cases, such as: medical devices, pharmaceuticals, vehicles and vehicle components, heavy equipment, asbestos and other toxic products and chemicals, household products and food products. Our attorneys thoroughly evaluate claims and to give appropriate attention to each claim. We have the experience, knowledge, tools and resources to effectively and efficiently handle product liability cases.

Insurance

We handle disputes involving most personal and commercial insurance policies, including coverage disputes, first-party claims, third-party claims and bad faith claims. We understand the insurance industry and know how to evaluate and assist our clients through the issuance of coverage opinions, reservations of rights letters, non-waiver agreements and denial letters, pursuing or defending declaratory judgment actions or negotiating settlements involving complex coverage trigger and allocation issues.