Press Release

Washington, DC – K&L Gates LLP and the Human Trafficking Legal Center co-published a guide today for advocates representing trafficking survivors. The publication, Holding Traffickers to Account in Bankruptcy Proceedings: A Guide for Advocates Representing Trafficking Survivors, seeks to assist counsel representing survivors of human trafficking in protecting their clients’ rights when a trafficker files for bankruptcy.

Trafficking survivors have the right to bring civil cases against their traffickers for damages under the Trafficking Victims Protection Reauthorization Act. Many trafficking survivors and their advocates are unaware of how civil litigation interacts with bankruptcy proceedings.

Some traffickers seek to thwart survivors’ efforts to obtain justice, turning to the bankruptcy system to place assets out of survivors’ reach or halt pending civil litigation.  Advocates bringing civil claims on behalf of survivors must be aware of these potential pitfalls.

This publication offers practical guidance on dealing with bankruptcy filings by trafficker-debtors, and addresses filing proofs of debt, seeking discovery, and seeking the assistance of the Trustee in Bankruptcy.

Martina Vandenberg, President of the Human Trafficking Legal Center, said, “The Human Trafficking Legal Center has seen the impact of bankruptcy filings on trafficking survivors seeking justice. We have received requests time and time again from pro bono counsel representing these survivors. We are grateful to the entire pro bono team at K&L Gates for writing this guide for advocates. We know that the guide will be used by pro bono lawyers representing trafficking survivors across the country. Survivors deserve justice.”