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
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.
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.
Has your attorney filed a claim in the bankruptcy proceeding?
The information you obtain from this website is not legal advice.
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.
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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.
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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.
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