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If a fifteen-year-old corporation files Bankruptcy, pending lawsuits
(default judgments in appeal, no execution issued, another default
judgment, but no damage amount entered) against corporation, can
Plaintiff add corporate officer as Defendant in any of these cases?
The Judge is completely in Plaintiffs' lawyer's hand. He entered
damages on a default judgment that six other judges refused to enter
(because of the fraud, claim in the Complaint and in the affidavit in
support of damages were different and amount was raised from $15000 to
$200,000 after obtaining default). And Judge even argues Plaintiff's
position, in the case for him. He refused to recuse himself from the
case.
What can the officers do to protect himself? Corporate records are
very clean, if it were not for biased judge, officers would not even
have to think about this problem. Because statute of limitation has
also passed, officer was not personally ever a party or did anything
to implicate him. But Judge is very vindictive and is very mad that he
had to stop from entering damages for his friend, on default because
of bankruptcy. He was literally fuming when told about bankruptcy. Can
corporate office file anything in anticipation? In fact Plaintiff's
lawyer wanted to add several people, as soon as bankruptcy was found
out, Judge denied the request of adding several people. So he asked
for adding one corporate officer, Judge said later. So looks like that
they will work out something to make it look more sophisticated and
next week a Judgment is expected against corporate officer. Appeals
court may reverse it eventually, but who can put bond of $200,000?
Bond requirement makes appeal not a viable option.
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