Moshier v. FisherAnnotate this Case
The Supreme Court reversed the judgment of the district court dismissing Plaintiffs' malpractice claim against Defendant, their attorney, as untimely, holding that Plaintiffs' claim was timely.
Plaintiffs lost their opportunity to collect $874,805.68 owed to them in a bankruptcy proceeding when Defendant failed to file Plaintiffs' nondischargeability claim before the expiration of the statute of limitations. Plaintiffs later brought this malpractice action against Defendant. The district court dismissed the claim as untimely, finding that the statute of limitations had expired four years after Defendant missed the filing deadline for the nondischargeability claim. The Supreme Court reversed, holding that the malpractice claim did not accrue until the bankruptcy court confirmed the final distribution plan, and therefore, Plaintiffs' claim was timely.