From an unpublished Illinois case, discussed by the Illinois Legal Malpractice Blog, we are reminded of the fact that a bankruptcy filing will generally cut off plaintiff’s right to bring any law suit, including the legal malpractice case. Two things that always bear review:
1. When one files bankruptcy, everything, including potential unpled causes of action become part of the bankrupt’s estate, and no longer personal to the bankrupt;
2. Attorney fee disputes serve as collateral estoppel to a later legal malpractice case.