The increase in consumer bankruptcy filings has caused many sleepless nights for personal injury lawyers as they contemplate navigating the United States Bankruptcy Code in order to determine how a client’s bankruptcy case impacts a pending personal injury lawsuit. This article is intended to ease the pain and provide a road map for personal injury lawyers (primarily plaintiff’s attorneys) in the form of a list of Dos and Don’ts.

Plaintiff Files For Bankruptcy Protection

A common scenario is when a plaintiff calls her personal injury lawyer and advises her that she has filed for bankruptcy protection. This call often comes well after the bankruptcy case is filed and sometimes on the eve of consummating a settlement of the personal injury case. What are the essential Dos and Don’ts?

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