How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask William B. Esq. Your Own Question

William B. Esq.
William B. Esq., Attorney
Category: Legal
Satisfied Customers: 8198
Experience:  Civil litigation attorney for individuals and businesses.
Type Your Legal Question Here...
William B. Esq. is online now
A new question is answered every 9 seconds

I lost my baby due to a full term stillbirth. Many medical

Resolved Question:

I lost my baby due to a full term stillbirth. Many medical professionals advise me to sue due to gross negligence. I have had 3 attorneys look at my records & have declined to pursue the case further due to "loop holes". There is a 2 year statute of limitations in Illinois & in November I will have a year left to file if I can. I am however, planning on filing chapter 7 in the next few weeks. Since im not sure if I can pursue my malpractice case & win...or if I will risk hearing another "no" would this situation affect my bankruptcy? Or will it at all? I know I have to disclose all assets & "potential" assets but I am not sure this falls under either since I've been told no already & I am not sure if I'm going to continue to try. Please advise...thank you.
Submitted: 2 years ago.
Category: Legal
Expert:  William B. Esq. replied 2 years ago.

William B. Esq. :

Dear Customer, I am very sorry to learn of this unfortunate event. Your potential medical malpractice claim counts as an "asset" when you fill out your schedules. The value is unknown, but the claim is still valid and you must disclose it when you file. (It is unlikely that a trustee will go beyond simply asking you about the basis for the claim and the efforts you have taken to possibly pursue it, but it must be disclosed).

Customer: Thank you...that is what I thought. I was told if I had a good settlement they could come in and take it....but they could only take what I declared as debt. Not sure though...
William B. Esq. :

You just disclose the claim, the claim becomes part of the bankruptcy estate and the trustee can choose whether or not he or she wishes to pursue it on behalf of the bankruptcy estate.

Customer: Does that mean I can no longer pursue it on my own then? If I were to file for let's say $200,000 but my settlement ended up being $500,000...I would keep the remainder after my debts were paid from it though right?
William B. Esq. :

If your debt totals $200,000.00 and your claim settles at, or you get a judgment for, $500,000.00 (either through bankruptcy or independently), here is how it would work.

(1) If the bankruptcy trustee pursued the claim (you filed bankruptcy, disclosed the claim, and the trustee believed it was worth hiring a lawyer and pursuing the claim), the trustee would first pay the attorney, then pay off all of your debt, you would then get the remainder.

(2) If you pursue your claim now, get the judgment, and then deal with your debt, the same result will happen, minus some of the trustee's fees for management (you will end up with a little more) - You will get a judgment, the attorney will get paid, you will need to pay your debts, and then you will keep the remainder; finally,

(3) If you file bankruptcy, disclose the claim, and the trustee decides not to pursue it himself because it does not seem worth the time and money, the claim will revert to you, you can pursue it yourself, and if you win the $500,000.00, the only expense you will have to deduct is the attorney's fees as all of your debt has been taken out through the bankruptcy. (This assumes no bankruptcy creditors object).

Customer: Thank you for taking the extra time to explain the "what-ifs". This gives me a better idea of what to do with a bunch of bad situations. I really appreciate it. Have a good 4th. Take care.
William B. Esq. :

Thank you very much, and you do the same.

I hope that my answer was of assistance to you. My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Please remember to rate my service once you have all the information you need. Thank you for your business!

Customer: Perfectly & thoroughly addressed. :-)
William B. Esq., Attorney
Category: Legal
Satisfied Customers: 8198
Experience: Civil litigation attorney for individuals and businesses.
William B. Esq. and 5 other Legal Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan

Meet The Experts:

  • Tina



    Satisfied Customers:

    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • Tina's Avatar



    Satisfied Customers:

    JD, BBA Over 25 years legal and business experience.
  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • JPEsq's Avatar



    Satisfied Customers:

    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • Law Educator, Esq.'s Avatar

    Law Educator, Esq.


    Satisfied Customers:

    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • FiveStarLaw's Avatar



    Satisfied Customers:

    25 years of experience helping people like you.
  • Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.


    Satisfied Customers:

    7+ years of experience handling various legal matters.
  • Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.


    Satisfied Customers:

    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.