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.
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.
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