Is a personal injury action of a bankrupt included in the estate of the bankrupt in bankruptcy proceedings?
MultiRegion, United States of America
The following excerpt is from Kanter, In re, 505 F.2d 228 (9th Cir. 1974):
In Carmona v. Robinson, 336 F.2d 518 (9th Cir. 1964), we held that the predecessor to 688.1 permitted a trustee in bankruptcy to include a personal injury action of the bankrupt among the estate's assets, pursuant to 70, sub. a(5) of the Bankruptcy Act. Subsequent to Carmona, California amended its law in an attempt to deny this right to the trustee, adding subsection (b) to former 688.1. The legislative sponsor of the amendment stated:
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