Legal Question in Legal Malpractice in Virginia

I have filed a lawsuit against an attorney that kept our case file for 2 1/2 years allowing the statue of limitations to expire, so I filed for malpractice. I filed a preacipe will the court and received a court date of 3/25/2011. Once there the lawyer that we were suing announced that he had filed for bankruptcy on 3/11/2011. What, if anything can we do now??? Should we go to the meeting of creditors on 4/18/2011? We haven't received a judgment yet? Please help! Thank you

Asked on 3/25/11, 1:07 pm

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

If the lawyer has malpractice insurance, you can go after that; you should consider going to the meeting of creditors to ask him that. If there are assets, the trustee will go after them and request that creditors file proofs of claim; if that is the case, you should file. If there is no insurance, I would also see whether the lawyer falsely certified to the Va. Bar that he did have malpractice insurance when he did not.

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Answered on 3/25/11, 2:03 pm

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