Kentucky Bankruptcy Lawyers Blog

In a fairly unique case out of a California bankruptcy court, a judge allowed a medical malpractice plaintiff to pursue a claim against a defendant surgeon who had recently entered into bankruptcy protection. In the case, Weakly-Hoyt v. Foster, the defendant appealed from a lower court ruling allowing a plaintiff to proceed with a medical malpractice claim against him although he had filed for bankruptcy. The facts are as follows: The plaintiff sent over a complaint alleging medical malpractice to the defendant surgeon. Rather than reply to the complaint, the surgeon merely sent the plaintiff a letter explaining that he was in bankruptcy protection. However, a few months later, the plaintiff obtained a court order granting her relief from the automatic stay of the bankruptcy proceedings.

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