Facts

According to Sorin Clichici, on September 30, 2020, as he was inspecting freezers and fans at a Walmart store, he slipped and fell on some water that had accumulated on the floor of the freezer he was entering. The slip and fall resulted in an injury to his shoulder and he filed suit against Walmart on April 13, 2022, in Los Angeles Superior. After Clichici notified the court that he was seeking general damages of $500,000 and special damages of $750,000, Walmart removed the case to USDC Central on May 4, 2022.

On June 20, 2022, Clichici filed for Chapter 7 bankruptcy. In his bankruptcy petition, he attested that he had no outstanding lawsuits where he was demanding payment; he also did not list the Walmart action in the Schedule C: Exemptions which required him to identify property he was claiming was exempt from creditors. Finally, his Statement of Financial Affairs did not acknowledge his participation in the Walmart suit. The Bankruptcy Trustee discharged Clichici's debt without payment and his bankruptcy case closed.

On January 10, 2023, Walmart filed a motion for summary judgment and two days later,
Clichici filed a motion to reopen his bankruptcy case so he could add the Walmart action as an asset to his estate. The Bankruptcy court reopened Clichici's bankruptcy case.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that nondisclosure of his slip-and-fall case against defendant was not included in the bankruptcy filings due to an innocent mistake: he believed his suit had been dropped and was not moving forward due to a change of attorneys.

DEFENDANT'S CONTENTIONS: Defendant argued that when the bankruptcy case was opened, plaintiff was no longer the real party in interest; once plaintiff filed for bankruptcy protection, plaintiff's claims would be the bankruptcy estate's property and plaintiff would no longer have standing to pursue the claim.

Result

The court agreed with defendant and granted summary judgment, concluding that plaintiff's claims belonged to the bankruptcy estate.