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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32319
Experience:  Began practicing law in 1992
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I fell on a store property about 7+ years ago. I have

Customer Question

I fell on a store property about 7+ years ago. I have a lawyer that filed a suit against the store. Well that store happened to file for bankruptcy and still is. I am still waiting to hear something. I feel my lawyer is NOT being completly honest with me. He claims he also filed with the owner of property and the maintenance crew. My attorney tells me that he has to wait for the bankruptcy to finish out. I am still waiting after all these years. Ifeel if the store is in bankruptcy he should have started going after the Landlord & maintenance crew already, but he says something about an empty seat. I am ready to grab my file and take it to another lawyer. As a result of my fall I needed surgery on my knee because it was torn out. I don''t know what else to do. I am starting to think this lawyer has failed me in this lawsuit. Should I wait until the bankruptcy is over or forget the store & go for the landlord. I am afraid it is too late because of the statute of limitations.
Submitted: 8 years ago.
Category: Legal
Expert:  Dwayne B. replied 8 years ago.
I don't have all the information on your case, obviously, but I may be able to provide some information on how the bankruptcy system affects a personal injury suit.

When the store filed bankruptcy a "stay" was automatically issued by the judge of the bankruptcy court. This means that all and any suits or attempts to collect from the store had to cease immediately. All cases in which they were involved in any manner were "stayed" as well. Your lawyer should have and probably did sue everybody in one suit so as long as the stay is in place he can't do anything against anyone in the suit without being in violatiuon of a federal judge's order. Techincally, he isn't even allowed to send letters back and forth with the other lawyers that affect the suit in any way.

He can seek a "lift of stay" from the bankruptcy court, but that doesn't mean the judge will agree to lift it and many times these aren't sought because they are fruitless.

The "empty seat" you mentioned is a reality in court. If there is a defendant who is not there they other defendants point at them and say it is their fault, making your case even harder to win. This is if you even could get permission to continue with your case from the bankruptcy judge.

You are not allowed to do anything without further action from the bankruptcy court.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Always feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.
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