A judgment creditor of Avaya Inc. has said the company’s weakened financial condition should dictate that it promptly post a bond to cover $59 million in legal fees from an antitrust case while an appeal is pending.

Avaya asked U.S. District Judge Joseph Irenas of the District of New Jersey to allow it to post only one bond for all legal fees and costs from Avaya v. Telecom Labs, after all proceedings in the case are concluded. But Telecom Labs Inc. asked the judge to deny the request, arguing in a July 6 letter that Avaya’s request should be denied because the company’s financial status is “dire” and it is likely headed for bankruptcy.

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