Biberstine v. Woodworth

We are asked to decide when the statute of limitations 1 begins to run in a malpractice case involving an attorney’s inaction in failing to schedule a debt owed by this plaintiff in a petition for personal bankruptcy. The circuit court granted an accelerated judgment for the defendant after it found the statute of limitations had run. The Court of Appeals reversed 2 and we affirm, finding the statute of limitations starts to run at the time the plaintiff is discharged in bankruptcy.

The plaintiff retained the defendant to file a personal bankruptcy in 1970. The original petition was filed in…