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Sunday, April 02, 2006

Personal Injury Claims & Bankruptcy

Have you ever had a personal injury client come to you and they're in bankruptcy, or have been recently discharged? If you have, you need to read this case: Headrick v. Bradley Cnty. Mem'l Hosp., No. E2005-00925-COA-R3-CV, 2006 WL 236931, at *2-7 (Tenn. Ct. App. January 31, 2006) (no application for perm. to appeal filed as of March 27, 2006). It largely depends upon whether the debtor's case was a Chapter 7 or 13, and when the debtor's cause of action accrued.

You should also look at Witko v. Menotte (In re Witko), 374 F.3d 1040, 1043-44 (11th Cir. 2004) for a general view of the effects of bankruptcy law on a post-petition tort suffered by a debtor.

Headrick is available at:

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