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In a per curiam, unpublished opinion, the panel said if it were to conclude that the bankruptcy court abused its discretion, the final outcome would likely be the same, with the lower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...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!