'Superior' Strength — How To Bend Barred Claims

Law360, New York (January 20, 2012, 11:52 AM EST) -- The ability to pursue a claim nominally against a debtor may be a necessary step to collecting under an insurance policy.

Recently, the Bankruptcy Court for the Southern District of Texas in In re: Superior Offshore International Inc., No. 08-32590, (Bankr. S.D. Tex. Oct. 19, 2011), held that a tort claimant may sue a debtor nominally to collect against available insurance coverage even though the debtor’s plan of reorganization permanently enjoined all claimants from commencing or continuing proceedings against the debtor post-confirmation.

The court rejected the...
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