We reported on this case yesterday.  An ill known US Bankruptcy provision allows a 2 year period in which to bring an otherwise timely action, once the cause of action becomes an asset the estate in bankruptcy,

Victoria Kremen, who underwent unnecessary mastectory, should have had the benefit of "section 108 of the Bankruptcy Code provides in relevant part that: "[i]f applicable nonbankruptcy law . . . fixes a period within which the debtor may commence an action, and such period has not expired before the date of the [debtor’s] filing of the [bankruptcy] petition, the trustee may commence such action only before . . . two years after the order of relief." 11 USC §108 (a) (2). In turn, section 301 of the Bankruptcy Code provides that "the commencement of a voluntary case under a chapter of this title constitutes an order for relief under such chapter." 11 USC §301 (b). "

Her medical malpractice and appellate attorneys completely missed this winning argument against dismissal and are now legal malpractice defendants.  Here is the case.