The Illinois Supreme Court recently upheld an injured man’s right to bring a personal injury suit despite his unintentional failure to disclose the lawsuit in his separate, personal bankruptcy proceeding. Bankruptcy filers are required by law to report pending lawsuits in their bankruptcy petition. The plaintiff, who was injured at work in an industrial accident, amended his filing and will continue his lawsuit against a forklift manufacturer. The Supreme Court also rejected the argument that any right to bring the lawsuit belonged to the bankruptcy trustee. The best practice for personal injury plaintiffs filing for bankruptcy remains reporting a personal injury lawsuit in their initial bankruptcy petition to avoid legal complications. But, this should not prevent a plaintiff from bringing a lawsuit. If you are in need of legal advice, please contact our law firm.