Insurance coverage litigation: Insurance coverage disputes involve an insurer and the insured. A person who is insured intends to recover under a policy of insurance. For example, in case of a vehicle accident, the owner of the insured vehicle seeks compensations for the damages.

However, insurance coverage litigations arise in the determination of whether the policy covers the damage suffered. Insurance coverage litigations involve complex issues that require professional knowledge. Some of the dominant disputes focus on primary or excess coverage and reinsurance. The language of the policy is critical in understanding insurance coverage litigations.

Many clients get insurance coverage without understanding the language used, which later leads to unnecessary disputes. The existence of an accident does not transform into immediate compensation.

Insurance compliance: Insurance companies are obligated to get into an agreement and stay in compliance to avoid a penalty for non-compliance. Companies that violate the regulations risk regulatory investigations. Insurance compliance involves the licensing of adjusters and advertising rates. Compliance staff within the instance companies is in charge of facilitating the adherence to the terms. However, most of the successful insurance firms seek legal counsel to offer a response to state regulators, especially during investigations. Insurers rely on actuarial models to come up with product packages and where to sell them based on past events. For example, climate change factors determine the paradigm in insurance compliance terms.

Insurance defense: Insurers at times hire attorneys when a third party presents a case against the insured. For example, when a third party accuses the insured of causing damages, and thus, the insurer is expected to pay. The main issue in insurance defense is whether the insured is liable for the third party. Facts to the case are critical in determining the liability. Besides, attorneys are required to assess the level of accountability.

Issues common in bankruptcy litigation cases: disputes between debtors and creditors, debtors and trustees, and between trustees, creditors and other interested parties.

Between debtor and creditors: Disputes attributed to bankruptcy are common. However, the court determines such cases based on the relationship of the matter to the bankruptcy issue. The issues are divided into core issues and non-core matters.

  • Core issues: the bankruptcy case determines the core issues, such as the litigation touching on the debtor’s right to keep the property under dispute, yet it is under bankruptcy exemption. The judge in the bankruptcy case is left to make a ruling.
  • Core issues: the bankruptcy case determines the core issues, such as the litigation touching on the debtor’s right to keep the property under dispute, yet it is under bankruptcy exemption. The judge in the bankruptcy case is left to make a ruling.

On the other hand, the dispute between the debtor and the creditors can yield various conditions. One of the dominant factors is the dischargeability of debts. Some debts will remain despite the bankruptcy. Thus, it might require either the debtor or the creditor to ask the court to make a ruling on whether the debt will continue to exist despite the bankruptcy lawsuit. If the court issues a discharge, the creditors or the debtors are not obligated to pay the debt.

On the contrary, a creditor can file a lawsuit against the debtor if they believe that the debtor has defrauded them or the court. Such disputes are directed at protecting the rule of law, especially when there is evidence that the debtor filed for bankruptcy to escape payment obligations. In another case scenario, the debtor also files a lawsuit demanding the creditor to show proof that they are indeed bankrupt. Proof of claim is a necessity for supporting the prerogative that the creditor cannot make the payment they owe. For example, medical bills, credit card debt or past-due utility bills.

Between the debtor and trustees: The creditor can also file a lawsuit challenging the debtor’s right to be discharged from making payments. Bankruptcy frauds are common when the debtor does not want to make the payments their clients demand. Bankruptcy fraud can be detected when the debtor fails to list a property they own when filing a bankruptcy claim.

Then again, the trustee can take legal direction against a debtor with the right to keep an exempted property. However, the debtor can file for a counter lawsuit to protect the exempted property from being sold to compensate the trustees.

Between trustee, creditors or the interested parties: Some bankruptcy disputes lead to the involved parties exercising their legal powers to protect their investments. For example, the trustees can resort to using their powers to take the debtors assets — for instance, request for a refund on money sent to the creditor before filing for bankruptcy. The trustee is assured that the money was never spent or it was the creditor’s technique to defraud them.

Our attorney can help you with avoiding committing bankruptcy fraud. It is advisable to be transparent when disclosing any financial details for example, including all the data on property, creditor, and income sources. You should work closely with an attorney when making a fraud claim. Debtors rarely face fraud accusations because they are alert that a creditor or trustee can raise the applications at any point. Therefore, make use of our skilled attorneys before filing bankruptcy claims.

Issues in Bankruptcy Restructuring & Reorganization

Individuals and institutions require taking action to prevent the need to file for a bankruptcy claim. The involved party restructures its debt levels to avoid overspending or mismanagement of funds and assets. Even though the bankruptcy restructuring is a complex discipline, the services of an experienced attorney can help with developing a suitable plan.

A company can file for a court-supervised restructuring for protection from creditors who would like to retrieve their funds before the process is complete. Most troubled companies will opt for the out-o-court restricting and reorganization where they settle the matter with their creditors. More so, some companies fail in restricting and reorganization strategies because of the competing interests. The debtors are at high risk because they hold the problems of other involved parties. On the other hand, an attorney who is representing the creditor attempts to recover as much debt as possible.

The services of our attorneys are critical in representing your best interests during bankruptcy restricting and reorganization. Our attorneys will analyze your unique situation to find the root cause that leads to bankruptcy and then conduct a feasibility plan for avoiding it. The red flags are usually present, and they require an experienced person to address them.

Our law firm works with your financial advisor to come up with the best model. The negotiation with the creditors is also critical to make sure that you do not offer a promise that will endanger the recovery of the organization. In case the talks are successful, the attorney will help with structuring a payment plan for each of the individual creditors.

A court-supervised restructuring for debtors will also require the intervention of an attorney. Communication plan is critical in addressing the issue, especially when discussing the employees, shareholders, and clients. Besides, the entire process requires documentation as a gesture of respecting the law.

Our law firm is ready to handle all your insurance and bankruptcy-related cases. It is advisable to restructure and reorganized for the survival of the company. We represent debtors and creditors through the guidance of ethics and transparency. Take action today by utilizing our consulting services. Our team of attorneys is willing to offer you the help you need.