Abstract
A courtroom victory feels sweet, with damages finally awarded after long, exhausting litigation—until small business bankruptcy bounces the check. In 2015, a father and son duo began their small business in rural Wisconsin. They had started their company by selling drinking glasses made fully in the USA, crafted by hand in the family workshop. Years later, a competing company began selling imitations imported from China and falsely marketed as American-made. The knockoff products undercut the duo’s market, placing the family business in distress. The father-son team sued and were able to secure a verdict in their favor for willful and malicious injury. Yet, the relief of the jury verdict was short-lived. The competitor, guilty of malicious injury in a court of law, had filed for bankruptcy under Subchapter V of Chapter 11 of the United States Code. Suddenly, the jury verdict was potentially worthless.
Recommended Citation
Kathleen Zimmerman,
Neither Here nor There: The Small Business Creditor’s Discharge Nightmare Under Subchapter V,
91 Mo. L. Rev.
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Available at: https://scholarship.law.missouri.edu/mlr/vol91/iss2/15