We represented a wife and mother who had a personal injury case against K-Mart. Her lawyer failed to properly prosecute the case because he believed that when K-Mart went into bankruptcy, her claim would be treated like any other creditor’s claim and either be wiped out, or reduced to a “pennies on the dollar” type recovery. He failed to recognize that his client’s claim would have been handled either outside the bankruptcy, or within the bankruptcy as a “pre-petition” claim and had full recovery potential. Settled on the eve of trial for about 90% of the value of the client’s personal injury claim.
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