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Legal Malpractice

: New York Attorney Malpractice Blog

Bankruptcy and Legal Malpractice

By (Andrew Lavoott Bluestone)

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From an unpublished Illinois case, discussed  by  the Illinois Legal Malpractice Blog, we are reminded of the fact that a bankruptcy filing will generally cut off plaintiff's right to bring any law suit, including the legal malpractice case.  Two things that always bear review:

1.  When one files bankruptcy, everything, including potential unpled causes of action become part of the bankrupt's estate, and no longer personal to the bankrupt;

2.  Attorney fee disputes serve as collateral estoppel to a later legal malpractice case.

 

Full post as published by New York Attorney Malpractice Blog on January 29, 2008 (boomark / email).

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