Law360, New York ( November 25, 2015, 11:00 AM EST) -- Defending a law firm, accounting firm or other professional against a malpractice suit can be complicated enough, but when a former client is insolvent or has declared bankruptcy and is under the control of a receiver or trustee, there are a number of substantive and procedural wrinkles that may further complicate the defense. If the bankruptcy is a Chapter 7 filing, a trustee will be appointed. If the bankruptcy is a Chapter 11 filing, a trustee may be appointed or the company may continue to operate as a debtor in possession. In other circumstances, a receiver may be appointed.[1] The type of proceeding can affect the course of the litigation and the defenses that are available....
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