This panel examines how judicial estoppel arises when a personal injury plaintiff fails to list a pending or potential claim in a bankruptcy filing, and the serious consequences that can follow, including dismissal of the injury claim itself. The panelists discuss the doctrine's origins, how courts distinguish inadvertent omissions from bad-faith conduct, and practical steps attorneys can take to protect clients' recoveries. The discussion also covers coordination between personal injury counsel and bankruptcy counsel, timing of disclosures, and strategies for amending schedules before it's too late.
Learning Objectives:
- Attendees will understand the legal basis for judicial estoppel and how it is applied in personal injury cases involving bankruptcy.
- Attendees will identify best practices for advising clients on disclosure obligations when a personal injury claim arises during a pending or contemplated bankruptcy.
- Attendees will develop strategies to prevent or remedy judicial estoppel issues, including timely amendment of bankruptcy schedules and effective communication between counsel."