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I slip and fell in this grocery store and now my attorney is saying the company is under bankruptcy i cant get my settlement why

Macon, GA |

I was out of work due to being hurt behind this slip and fall now the company has changed it name what can i do about my settlement call my attorney every week and his secertery tells me it nothing can be done i want to know why

Attorney Answers 8


  1. Nothing can be "done" while a company is in bankruptcy. There is an automatic stay. Assuming of course, that the store is self insured.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff


  2. Attorney Adams has provided you with a very good answer. In short, he is confirming what your attorney told you. Best of luck.

    Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  3. If store had insurance you can set aside the automatic stay in bankruptcy cases and proceed up to the insurance coverage limits only. Your attorney knows(or should anyway) how to deal with this situation. Follow their advice and have them explain your options.


  4. Has your attorney filed a claim in the bankruptcy proceeding?

    The information you obtain from this website is not legal advice.


  5. As I am sure your lawyer has told you, a bankruptcy stays all suits and claims against a company. If the store had insurance he can move the bankruptcy court to set aside the automatic stay and proceed against them up to the insurance coverage limits.

    ATTORNEY GLEN ASHMAN 404-768-3509 www.glenashman.com . If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  6. If the grocery store was self insured then the bankruptcy court will take over the processes, which can be daunting. The chances of recovery depend upon the financial health of the business.

    If the store had liability insurance there is a procedure in which you can limit your recovery to the insurance proceeds and not be in bankruptcy court. You should discuss the exemption with your attorney.

    The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the State of California and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.


  7. Stop talking to the secretary and insist upon speaking directly to your attorney. He should be able to explain it to you.

    Disclaimer: This response is provided to you by attorney Robert G. Rothstein (404) 216-1422 for educational and informational purposes only.No attorney-client relationship has been created hereby. Other attorneys may have different opinions or responses. If you found this response helpful, please indicate Best Answer to Avvo. Thank you.