Bankruptcy Court's 'Odd' Walmart Order Passes 5th Circ.

Law360 (January 8, 2020, 9:08 PM EST) -- The Fifth Circuit on Wednesday affirmed an "odd" bankruptcy court decision allowing a man's personal injury suit against Walmart to proceed despite his failure to notify the court of the claim, finding that any potential recovery would ultimately be turned over to the Chapter 13 trustee.

In a per curiam, unpublished opinion, the panel said if it were to conclude that the bankruptcy court abused its discretion, the final outcome would likely be the same, with the lower court ultimately allowing Tobin Parker's trustee to pursue his personal injury claim and administer the proceeds for creditors.

"Though the bankruptcy court's decision...

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