Prosecuting personal injury claims can require legal services outside of traditional state court proceedings and negotiating with insurance companies. Tortfeasors who declare bankruptcy are immune from prosecution and civil judgments until a motion for relief from stay is granted by the bankruptcy court. Most personal injury attorneys do not appear in bankruptcy courts or understand the mechanics of having a stay lifted.
Moore Kuehn handles every aspect of a personal injury case including appearing in bankruptcy court to have a stay lifted. Attorney Fletcher Moore recently appeared in Connecticut Bankruptcy Court in front of the Honorable Ann Nevins on a motion for relief from stay to pursue personal injuries against an entity debtor. The estate’s trustee opposed the motion claiming relief from stay would interfere with his duties. After oral argument, the court granted Moore Kuehn’s motion for relief from stay, paving the way for their case to recover for their client’s fractured femur resulting in surgery.