Friday, August 10, 2007

Bankruptcy & Murder

Just file bankruptcy and you can get away with murder.

Roger Herring died in August 2004 after being diagnosed with pleural thickening in 1986 and terminal cancer caused by asbestos exposure in 2002. Roger filed a lawsuit in 2003 against Todd Shipyards Corporation that he had for Todd in the 1960s and early 1970s. today the courts ruled against Rogers lawsuit.

Todd filed for Chapter 11 bankruptcy in 1987 and a deadline was set for claims to be filed before 1988. Todd did send a written notice to its known creditors and that is enough to cover their butts.
Justice Tom Chambers wrote:
"It certainly would have been desirable for the bankruptcy court to have required such notice, or for Todd to have taken the extra step," "But, under current federal case law, it appears to us that Todd had no duty to inform Herring's union."

Sence roger had missed a filing deadline of 1988 his case was dropped.

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