Smashing the bankruptcy shield – N.W. Bernstein & Associates, LLC

Smashing the bankruptcy shield – N.W. Bernstein & Associates, LLC on Friday of last week, on behalf of its clients the White Plains Housing Authority, accomplished what few lawyers accomplish in lifetime. 

We broke the bankruptcy shield that normally protects a bankrupt from ongoing litigation.  Our client’s case for an injunction (awarded on summary judgement in Federal District Court on August 27, 2020) will go forward on the scope of the injunction to protect health and safety, notwithstanding a bankruptcy filing on Sept. 27, 2020 by the defendant, Marianina Oil Corp . 

This is a nationwide warning to polluters.  You cannot hide.  Filing in bankruptcy will not shield you if you are threatening your neighbors.  We are coming for you.

Norman W. Bernstein

Contributing Advisors