Flores v. Kmart Corp.

Opinion

TURNER, P. J.

I. INTRODUCTION

Under federal bankruptcy law, the discharge of liability for an unliquidated, contingent or unmatured claim can bar a suit to collect a debt. (11 U.S.C. §§ 101(2), 524(a), 1141(d)(1)(A).)1 In this case, Martin Flores, according to the first amended complaint, was exposed to asbestos in 1989 while performing construction work in a store operated by defendant, Kmart Corporation. On January 22, 2002, defendant and 37 affiliates filed chapter 11 bankruptcy petitions. (In re Kmart Corp. (Bankr. N.D.Ill. 2002) 286 B.R. 345, 346.) On April 22, 2003, the bankruptcy…