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PLEASE HELP..I HAVE A PENDING LAWSUIT WITH PATHMARK ON A SLIP AND FALL ACCIDENT IN O7. HAD TWO SURGERIES.

Dix Hills, NY |

WE DID DIPOSITONS AND WERE NOW WAITING ON A TRAIL DATE IN 2011, THE PREVIOUS TRAIL DATES WERE ADJOURED WHEN THEY FILED FOR BANKRUPCY...MY CASE IS POSTED IN STAY ACTION....I HEARD THERE OUT OF BANKRUPCY AND NOW ARE A PRIVATE OWN COMPANY...WHAT IS GOING TO HAPPEN NEXT...MY ATTORY NEVER KNOW NOTHING..SO TRIED OF NOT GETTING A ANSWER...PLEASE SOMEONE HELP..I WILL EVEN BE INTERESTED IN SOMEONE TAKING OVER MY CASE....

Attorney Answers 6

Posted

Pathmark's parent, A&P, filed for reorganization and emerged from bankruptcy over a year ago as you know. Pathmark doubtless had a liability insurance policy to cover your claims. Did your attorney apply to the U.S. Bankruptcy Court to lift the stay to the extent of the insurance coverage? Lifting a stay against a debtor's insurance policy is more or less automatic and then the personal injury case proceeds. Demand an answer from your attorney as to what he did and what the current case status is. You may need to speak to a bankruptcy specialist from this site if your claim was lost (discharged) against Pathmark.

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Asker

Posted

yes once again i called and know one return my call..i even asked for his senior partner but they just told me to leave him a message..I have done some reseach on my own and found out that GAB ROBINS HAS SENT LETTERS TO MY LAW OFFICE AND THEY NEVER RESPONDED..I seen a another website that 1/30/12 and 2/20/12 there was a proof of claim ..my name was on it with a lot of other people...I am soo lost, they never call back and I dont know anything other then whatever i find out..any other info. would be great..please...Thankyou

Robert K. Erlanger

Robert K. Erlanger

Posted

Try to remember whether your lawyer told you that Pathmark had an insurance policy. If for some strange reason there was no policy in play because there was no policy or the insurance company disclaimed (refused to defend Pathmark), then your claim against Pathmark would have been discharged (thrown out) in the bankruptcy proceeding. Similarly, if your lawyers didn't move to lift the stay to get at insurance, your claim would have been discharged. BUT in that case, you could still move to reopen the bankruptcy proceeding to get at the insurance. If you give me your name and the county your case is in, I could look things up. But I don't handle cases in Nassau or Suffolk County.

Asker

Posted

Thankyou very much.... UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK and my name is ANNUNZIATA MUSUMECI ..I really want to thankyou for taking time out to help me..

Robert K. Erlanger

Robert K. Erlanger

Posted

Ms. Musumeci, please communicate with me at rke@erlangerlaw.com. Thanks.

Asker

Posted

i do not know if you recieved my email..meci174@yahoo.com

Posted

You need to figure out if you have a case at all. If you can't get an answer from your lawyer call GAB Robbins ..... I believe they are administering the claims. Do not discuss the facts. If you don't get anywhere call me and I will try to find out the status if your case.

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. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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Asker

Posted

Thankyou so much..the only thing i found out tonight only by my research is that it was Filed 12/30/11 Entered 12/30/11 19:11:49 Main Document....that is all i was able to find out...once again thankyou for taking the time out to speak to me

Asker

Posted

once again i did call and no one called me back , I even asked to speak to the senior partner and his sec. told me to leave a message for my lawyer ..and his sec. and neither called me back...

Posted

Get a new lawyer with whom you will have a better communication.

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Posted

It will be difficult, if not impossible, to get another lawyer to take over the case at this point.

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A local lawyer would need to investigate the situation. Call one of the above distinguished attorneys in your state who answered.

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Posted

When a defendant goes into bankruptcy, it complicates matters even for the most meritorious of lawsuits. By filing bankruptcy, your claim in State Court was automatically stayed and would come under the jurisdiction of the Bankruptcy Court, including for purposes of determining liability and damages (which typically would be pennies on the dollar, at best). However, if a "debtor in bankruptcy" had liability insurance and a personal injury claimant would be willing to limit any recovery to the amount of "available coverage" (a number of factors would affect that determination), the Bankruptcy court will often consider a motion removing that claimant's lawsuit/claim from the bankruptcy action and allow the Stay to be lifted so as to permit the State Court action to continue. this would have required your attorney to determine insurance coverage and then make the motion to the Bankruptcy court. It would have then required a motion to the State Court to have your case returned to active status. In a different scenario, if the Petition for Bankruptcy by Pathmark was fully resolved, the big question is what did the court decide about all those "contingent creditor's claims" such as you - meaning were they discharged or not. As you can see, there are a number of important questions that need answering, and the best sources would be the Bankruptcy Court files and your atttorney. Ask him/her point blank if he made a motion to lift the stay, etc. You can go th the Bankruptcy Court and look at the relevant files yourself; you do not need to be a lawyer.

Jeffrey I. Schwimmer, Esq
20 Vesey Street - Suite 1200
New York, NY 10007
(212) 344-6700
JSchwimmerEsq@att.net

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