Roach v. Edge (In Re Edge)

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The question presented is whether the victim of the debtors’ (alleged) prepetition negligence has a “claim” in bankruptcy where discovery of the negligence occurred postpetition. I find that the plaintiff has a claim in these bankruptcy cases.

The following constitute findings of fact and conclusions of law. Bankruptcy Rule 7052. This is a core proceeding. 28 U.S.C. § 157(b)(2)(B), (I) (1982 ed., Supp. II 1984).

I

The debtors were dentists engaged in a joint practice. The plaintiff received dental treatment from both debtors prior to bankruptcy. The…