Carnevale v. Krinzman Huss & Lubetsky, LLP
Judgment creditors took an 'as is' assignment of their judgment debtors' potential legal malpractice claims from bankruptcy trustees (approved by the bankruptcy court) and then sued the debtors' former law firms in Florida state court. The Third District affirmed dismissal with prejudice, holding legal malpractice claims are generally non-assignable in Florida ormeration adversary of the assignor, and that bankruptcy court approval of the trustees' assignments did not confer standing or preempt Florida's common law bar.
Key facts
- Judgment creditors assigned their judgment debtors' potential legal malpractice claims from bankruptcy trustees (with bankruptcy court approval) and sued the debtors' former law firms in Florida state court for the alleged malpractice.
- The trial court dismissed the complaint, and the judgment creditors appealed to the Third District Court of Appeal.
- +1 more key fact with a free trial
Why it matters
The opinion closes a workaround increasingly attempted by judgment creditors: buying a bankrupt debtor's legal malpractice claim from the trustee and suing the debtor's former counsel. Defense counsel for law firms can… — full analysis with a trial
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