Post-Petition Personal-Injury Issues
This panel provides guidance on identifying and addressing issues relating to personal-injury (PI) causes of action that arise (or are discovered) post-petition in consumer bankruptcy cases. When are they property of the estate? What disclosures are required, and when? How does judicial estoppel apply? In chapter 13 cases, does the debtor need court approval to retain and pay PI counsel? Is bankruptcy court approval required before the debtor settles a cause of action? The panelists address these questions and more.
Bankruptcy Code
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