Bankruptcy bad for personal injury plaintiffsPeople who have suffered a serious personal injury, and families that have lost the breadwinner due to wrongful death, may be  tempted to file for protection of a Bankruptcy Court. However, we  warn clients that it is generally a very bad idea. Why is that?

Upon filing of a petition for bankruptcy, control of the personal injury action passes to the bankruptcy trustee for benefit of creditors of the injury victim. 11 U.S.C.A. § 541(a)(1).

Failure to list an injury claim as an asset in a bankruptcy may result in the injury claim being barred under the equitable doctrine of