"The Importance of Being Earnest About Bankruptcy," Bankruptcy and Employment Law360 (November 8, 2011). Co-Authors: James E. Kellett and Christine Hawes.
New York-based Labor & Employment Group partner James E. Kellet and associate Christine Hawes write about how to avoid employment pitfalls that commonly occur during bankruptcy proceedings, and their consequences.
According to Kellett and Hawes, “In those cases in which a plaintiff has not disclosed his [employment] claims in the bankruptcy petition, and defense counsel discovers this, a defendant can move to dismiss the plaintiff’s action under Federal Rule of Civil Procedure 12(h), or similar state court rule, depending upon the venue.”