I feel your pain. Unless there is fraud involved it becomes a civil issue, and they may be protected by the bankruptcy stay.
Company COBRA obligations may transfer with Asset SaleOne exception is if the company assets were sold. Then the buyer might have a COBRA obligation. If the seller ceases to offer any group health plan within its controlled group in connection with the asset sale, the regulations provide the buyer may be responsible for offering COBRA continuation coverage in certain circumstances to the seller’s employees and dependents of such employees who experienced a qualifying event prior to or in connection with the sale (i.e., termination of employment) (the “M&A qualified beneficiaries”).
You should talk to an ERISA lawyer to see if they will take the case on contingency. Lawyers are very hesitant to sue someone in the midst of BK, they have little hope of collecting. Try and negotiate with your health plan administrator directly.