We have a winner. This is the ONLY way those families have a shot at it. If the case went forward prior, they’d get nothing as it would be discharged in the Bankruptcy.
no. as long as the boys are listed as creditors or parties with potential claims, then they are on notice of the bankruptcy.
IT DOES NOT MATTER IF A SUIT WAS OR WAS NOT FILED.
Bankrupcy is about notice to creditors of remaining assets, emphasis on NOTICE.
This is not perry mason “surprise” TV lawyering land. Nifon has no attachable assets. His pension is protected.
In the real world there is no point in persuing him.
If they do want to pursue the suit they have to file an adversary proceeding before the bankruptcy court and litigate it in front of the bankrupcy judge as to why it is not a dischargable claim or why the debtor should not be discharged.
playing hide the claim stunts are frowned on by the bankrupcy court and only will cause a judge to sanction the bad faith creditor.