Susan N. K. Gummow Secures Bankruptcy Appeal Judgment in the Southern District of New York

Foran Glennon attorney Susan N. K. Gummow obtained a rare “2-for-1” decision in a bankruptcy appeal before the District Court for the Southern District of New York.

Initially, the Claimant-Appellant received relief from the automatic stay to pursue a personal injury claim in state court and collect from available insurance proceeds. Having failed to timely bring the claim in state court within the time permitted under 11 U.S.C § 108(c), the Claimant returned to the Bankruptcy Court for the Southern District of New York in an attempt to revive the time-barred claim. The Bankruptcy Court denied the relief sought.

On appeal, the insurer moved to dismiss the appeal or in the alternative, to affirm the underlying decision. The District Court granted the motion, dismissed the appeal, and found the decision should be affirmed if the Court were to rule on the merits.

Susan focuses her practice on insurance coverage and bankruptcy. She specializes in representing insurance companies confronted with bankruptcy issues.