problems. See Mot. ¶ 3. Upon conversion, John Pereira was appointed as the chapter 7 trustee. At the time of conversion, seven creditors held ten claims totaling $107,548.64. See Chapter 13 Standing Trustee’s Final Report and Account (ECF Doc. # 17). Debtor’s total of scheduled claims was $119,430.37. See Mot. ¶ 11. On October 8, 2009, the chapter 7 trustee filed a report of no distribution. An order of discharge was filed on December 11, 2009 (ECF Doc. # 19), and the case was closed on December 12, 2009. On June 11, 2011, the Debtor commenced a medical malpractice action in New York Supreme Court in the Bronx, but the state court dismissed the case for lack of Brooks’ capacity to sue. See Mot. Ex. G (Easley-Brooks v. Lee, No. 305314/11 at *2 (N.Y. Sup.Ct., Bronx Cty. October 9, 2012) (<HOLDING>)). The Debtor contends in the Motion that the
holding that a legal malpractice claim arising from errors by an attorney in rendering estateplanning services is properly brought by the personal representative of the estate when excess estate taxes are paid by the estate in contravention of the decedents intended estate plan holding that plaintiffs could not sue attorneys for legal malpractice so long as underlying medical malpractice action out of which legal malpractice claim arose was still pending on appeal holding at least under the facts of the case that the statute of limitations in a medical malpractice action did not begin to run until the plaintiff secured a specific medical diagnosis holding that nondisclosure of the plaintiffs medical malpractice claim resulted in the closed bankruptcys estate being the proper party to maintain this action holding that the occurrence of damages determines when a medical malpractice action accrues