We Are Reviewing Potential Post-Petition Claims Against Genesis Healthcare
Following the Genesis Healthcare bankruptcy filing, many families have assumed that all legal options are gone.
That is not always true. At Harvey, Foote & Baker Law Firm, we are currently reviewing claims for residents of Genesis-affiliated New Mexico nursing homes who suffered injury, abuse, or neglect after July 9, 2025, the date Genesis filed for bankruptcy. These are called post-petition claims, and they may still be pursued within the bankruptcy proceeding.
Why families trust Harvey, Foote & Baker Law Firm with nursing home abuse and neglect claims:
- We have been representing nursing home abuse and neglect victims in New Mexico since 2005
- We have direct experience litigating cases against Genesis Healthcare
- We handle bankruptcy court filings and understand the procedural requirements for post-petition claims
- The attorneys at Harvey, Foote & Baker Law Firm have been quoted in national and statewide media for their work on Genesis cases
- Consultations are free, and there are no legal fees unless we recover for you
If your loved one was harmed at a New Mexico Genesis facility after July 9, 2025, we want to speak with you. The window to file these claims is limited, and time matters. Call (505) 295-2245 or contact us online for a FREE consultation.
Background: The Genesis Healthcare Bankruptcy
In December 2025, we published a post about the Genesis Healthcare bankruptcy and what it means for families holding pending or settled claims. Recent reporting has highlighted concerns that many plaintiffs may receive only a fraction of what they were promised - or potentially nothing at all (see coverage from the Santa Fe New Mexican and KFF Health News).
As we explained then, Genesis filed for Chapter 11 bankruptcy protection in Texas on July 9, 2025, following years of mounting legal exposure tied to allegations of resident abuse, neglect, and substandard care. That filing created a legal dividing line. Claims arising from conduct before July 9, 2025 are considered pre-petition claims, and recovery options for those families have been severely limited.
Our focus here is on a different category of claim, one that the bankruptcy does not foreclose: injuries and harm that occurred at New Mexico Genesis facilities after July 9, 2025.
What Is a Post-Petition Claim?
Post-petition claims arise from conduct that occurred while a company was already operating under bankruptcy protection. Because they are not subject to the same automatic stay that freezes pre-petition creditor actions, they are treated differently under bankruptcy law and may be entitled to higher priority than pre-petition unsecured claims.
For Genesis, the relevant date is July 9, 2025. If a resident was abused, neglected, or injured at a Genesis-affiliated facility after that date, a post-petition claim may be available, and it must be filed directly in the bankruptcy court, not in state court.
Our firm has experience working within bankruptcy proceedings on behalf of injured clients and is prepared to handle every step of this process for qualifying claimants.
The Filing Window Is Closing
There is a deadline to file, and it may be approaching as soon as June 2026. A hard deadline has not yet been formally set by the court, but the window is narrowing. Once the deadline passes, the ability to bring a claim in this proceeding may be lost entirely.
If you believe your loved one was harmed at a New Mexico Genesis facility after July 9, 2025, we strongly encourage you to contact us immediately. There is no benefit to delaying, and there is real risk in doing so.
Do I Have a Post-Petition Claim?
You may qualify if:
- Your loved one was a resident at a New Mexico Genesis Healthcare or Genesis-affiliated nursing home
- The abuse, neglect, or injury occurred after July 9, 2025
- The harm resulted in physical injury, a worsening medical condition, hospitalization, or death
- The facility failed to provide the standard of care required by law
Injuries we are currently reviewing include pressure sores, falls and fractures, malnutrition and dehydration, medication errors, sepsis or infection from inadequate wound care, failure to provide required monitoring or treatment, and abuse by staff.
If you are unsure whether the facility your loved one resided in was a Genesis affiliate, we can help you find out.
What Damages May Be Available
Depending on the circumstances, families pursuing post-petition claims may be able to seek compensation for:
- Medical expenses resulting from the injury
- Pain and suffering experienced by the resident
- Loss of companionship, funeral and burial costs (in wrongful death cases)
The amount and type of damages available will depend on the facts of the specific case and how the bankruptcy proceeding ultimately resolves. An attorney with experience in both nursing home liability and bankruptcy claims is best positioned to evaluate what recovery may look like.
Call For a FREE Consultation: (505) 295-2245
The Genesis bankruptcy has created real obstacles for many families, but it has not closed every door. For post-petition claims, a path to recovery may still exist. As a firm with real experience in cases involving these types of challenging proceedings, Harvey, Foote & Baker Law Firm can help you understand whether you qualify, and how to act before the filing window closes.
If your loved one was injured, neglected, or abused at a New Mexico Genesis nursing home after July 9, 2025, please call us at (505) 295-2245 or reach out online. Consultations are free, and there is no fee unless we recover compensation for you.