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I won a case in Court for a malpractice in 2010 a large amount of money, my attorney was happy we won but then he told me a bad

Flushing, NY |

I won a case in Court for a malpractice in 2010 a large amount of money, my attorney was happy we won but then he told me a bad news, that the company we sue went bankrupt can I still get my money? PLEASE HELP THANKS.

Attorney Answers 8

  1. Best answer

    I am sure that your attorney will do everything s/he can do to recover as much as possible. It may take awhile, but keep in contact with your attorney and continue to request status updates.

    McGrath Law Firm, PLLC Buffalo, NY Attorney-Client Relationship - The materials provided on this website are intended for informational purposes only. These materials are not intended and should not be interpreted or considered legal advice. The information provided by this site is not an invitation to an attorney-client relationship. A reader of this site should not rely on the information provided here for any purpose. Readers are reminded to always seek legal advice from an attorney duly licensed in an appropriate jurisdiction. Additionally, any communication via e-mail, phone, or other form, are not intended to solicit or create, and does not create, an attorney-client relationship between this firm and any third party. Legal Warranty - This website provides general information and may not reflect all current legal developments. You should not take action based on the information provided by this website. The law is ever changing, and facts and circumstances are critical to assessing a legal claim; therefore, information provided by this site may not be applicable to your particular situation, and should not be perceived as legal advice or opinion.

  2. Sometimes a bankruptcy only delays a recovery, sometimes it reduces it, sometimes it makes it impossible to collect anything. Your attorney is in the best position to answer this question.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.

  3. Your attorney would be in the best position to check with the bankruptcy court.

  4. Did the company have insurance? If NO, you need to file a proof of claim in the bankruptcy case and you will be an unsecured creditor. The odds of your getting anything at all or even cents on the dollar are likely not good unless the defendant is restructuring. Speak with your lawyer to make sure your claim has been protected in the bankruptcy court and/or to find out if there is insurance.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

  5. You should find out if your claim/suit was covered by the insurance you say the company had. If so, a motion can be made to the bankruptcy court agreeing to accept the insurance in full satisfaction of your judgment debt and you will likely get a waiver of the stay and then can pursue the insurance. This requires knowing the insurance coverage and amount still remaining. If your claim was not covered by the insurance, then you are a creditor just like all others and need to pursue payment as such. Discuss this with your attorney.

  6. It depends on whether the defendant had an insurance policy and whether or not it was the defendant or its insurance company that went bankrupt. In NY they have a liquidation fund which would kick in.

  7. This question need to be directed to your attorney. If you do not understand the procedure schedule a face to face meeting with your attorney to fully discuss the status of your case. Good luck

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

  8. I have been involved in cases where the malpractice insurance carrier went under, and others where the company we sued went bankrupt. A lot depends on State law, and a lot depends on whether the company had insurance. As the others have suggested, your attorney is in the best position to answer. If the company had insurance, your attorney can seek leave to go solely against the insurance proceeds. When I had this happened, I retained a bankruptcy attorney on an hourly basis to help. If it is the insurance carrier who went under, some States ( mine included) have guarantee funds, where there are strict reimbursement limits, and very strict rules. I am not licensed in NY, but your attorney should know : 1) who went bankrupt; and 2) what your options and State laws provide for. Good Luck

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