Flores

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 court made findings of fact and conclusions of law and entered an order confirming defendant’s first amended joint reorganization plan (the reorganization plan). (In re Kmart Corp. (Bankr. N.D.Ill. 2003) 293 B.R. 905, 907 .) The April 22, 2003 order discharged all known and unknown claims against defendant. In support of its demurrer, defendant sought judicial notice of parts of the April 22, 2003 reorganization plan. There is no evidence Mr. Flores or his family had any notice of the 2002 and 2003 bankruptcy proceedings. On some unspecified date, Mr. Flores sustained malignant mesothelioma. The…