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

Asked 12 months ago - 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)

  1. Robert K. Erlanger

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    Answered . 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.

  2. Eric Edward Rothstein

    Contributor Level 20

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    Answered . 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... more
  3. Michael J Palumbo

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    Contributor Level 19

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

  4. Yefim Rubinov

    Contributor Level 17

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

  5. Jeffrey Ira Schwimmer

    Contributor Level 19

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    Answered . 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

  6. Christian K. Lassen II

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    Contributor Level 20

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    Answered . 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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