The amount claimed in the initial disclosures is not a limit on damages recoverable at trial, at least where the counterclaim-defendant is aware (e.g., through discovery) that a greater amount is sought. Plaintiffs are required to supplement
their initial disclosures where “additional or corrective information” is not otherwise known to defendant.
A bankruptcy does not destroy the debtor's right to sue a creditor -- counterclaims are still available to the defendant -- however, in a Chapter 7
case, such claims belong to the bankruptcy trustee
, and you would have to obtain consent from the trustee to plead them in place of the trustee. Otherwise, you would have no standing to sue and the counterclaim-defendant could move to dismiss your claims for lack of subject matter jurisdiction.
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