Daniel G. Hamm and Leo Paul Brooks v. Norfolk Southern Railway Company

Summary

The court held that Brooks's personal-injury claim became property of his bankruptcy estate, making trustee Hamm the real party in interest and permitting his substitution despite Brooks's prior nondisclosure. Brooks remained judicially estopped from pursuing any recovery for himself, but Hamm could pursue the claim for the benefit of creditors, subject to limiting recovery to creditor claims and bankruptcy-related expenses. Justice Lyons concurred specially, emphasizing that the defect involved the real party in interest rather than subject-matter jurisdiction or standing.