Legal Question in Bankruptcy in California

malpractice trial and judgment after bankruptcy

Patient was "treated" before bankruptcy, but was so ill at the time that she could not seek an attorney or get the trial until after bankruptcy. She was not listed as a creditor in the bankruptcy. Trial was held after the b was discharged and she received a large judgment. Is the judgment still viable?


Asked on 9/17/00, 10:56 am

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: malpractice trial and judgment after bankruptcy

I am assuming that the patient is the Plaintiff in this trial and the defendant is the debtor in bankruptcy? I am also assuming that this was a Ch. 7 bankruptcy. If so, then no, the judgment is not viable. In fact, if the lawsuit was filed after the bankruptcy, it is a violation of the automatic stay and therefore void. The judgment and trial after the bankruptcy discharge are a violation of the post discharge injunction for which, theoretically, you could be held in contempt of court (although if you had no notice of the bankruptcy being filed, you probably won't get sanctioned).

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Answered on 10/17/00, 12:32 pm


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