Bankrupt Man Can Press Ahead With Slip And Fall Accident Lawsuit
A court ruling has been reversed by the 1st District Appellate Court, enabling a man to pursue a slip and fall accident lawsuit just three weeks after filing for bankruptcy. The state appeals court panel ruled that Michael Roop could pursue his case after falling at a gas station in Oswego in August 2001.An original ruling was made by a Cook County circuit judge, which agreed with the defendants in the case. This previous ruling meant that because Roop had filed for bankruptcy he didn’t have the right to sue, and that this would have to be done by the estate trustee because the action would be part of the bankruptcy estate.
However, the plaintiff’s argument was that only assets acquired as part of a lawsuit prior to bankruptcy would come under this estate rather than assets acquired after filing, and the Appellate Court agreed with this argument.
Justice John Tully, who wrote the Appellate Court order, wrote: "Finally, the public policy upon which Chapter 7 is based, which is creating a 'fresh start' for debtors, further supports the view that the date of filing the Chapter 7 bankruptcy petition rather than the date of the discharge in bankruptcy should be the date used for determining what property is included in the Chapter 7 bankruptcy estate."
Topic Added February 3rd, 2006
Thank you for choosing Lawcore.com!
Find a Bankruptcy And Debt Lawyer or Attorney in Your State:
Headlines & Topics Relating to Bankruptcy And Debt:
A new measure passed through congress could make it far more difficult for those considering bankruptcy to wipe their debts by going taking this route.
Topic Added May 12th, 2005
Topic Added July 18th, 2005
A toy company has had a finance plan approved through the courts in a bid to pull itself out of bankruptcy with minimal damage.
Topic Added September 8th, 2005
Reports have indicated that in Eastern Wisconsin alone, bankruptcies rose by nearly thirteen percent.
Topic Added September 14th, 2005
Following plans for re-organization, which have been confirmed by the bankruptcy courts, KB Toys has announced plans to emerge from bankruptcy during the coming week.
Topic Added October 11th, 2005
Want more? These are just the latest topics and resources added to Lawcore.com; click here for a full list of topics covered, other legal resources, and additional lawyer and legal information. Click Here To Read More.
Mesothelioma is one of the most deadly forms of cancer known to man. It is caused almost exclusively by exposure to asbestos - Find information on choosing a mesothelioma lawyer, the various types of mesothelioma, other illnesses caused by exposure to asbestos (namely Lung Cancer & Asbestosis), and more.
Exposure to Benzene is known to cause a form of leukemia, Acute Myelogenous Leukemia or AML - Find information on benzene exposure, the side effects, choosing a benzene attorney, & how to get compensation if you have been injured or lost a loved one to Benzene exposure.
Have you been injured in an Auto Accident? Find a wealth of information on claims for injuries (Or even death) sustained in a car accident, car accident lawyers, statistics on auto accidents, insurance claim details, & how to reveive compensation for your damages.
Related Resources:
Truck Accident Lawyers
Motorcycle Accident Lawyers
DUI / DWI Lawyers