Eye Consultants of Northern Virginia P.C. v. Shaw-McDonald

Holding

While plaintiff’s medical malpractice action was pending, she filed for Chapter 7 bankruptcy, not disclosing the pending malpractice case either to the bankruptcy court or to opposing counsel. When defendant learned of the bankruptcy filing, it moved to dismiss on the basis that plaintiff no longer had standing. Plaintiff amended her bankruptcy filing to list the medical malpractice action — and then she later obtained a discharge from the bankruptcy court. The circuit court concluded that she lost standing due to her bankruptcy filing, and it dismissed the case. The Court of Appeals reversed. On different reasoning, it is concluded on the present appeal that dismissal is not appropriate in this circumstance. The decision of the Court of Appeals of Virginia is affirmed. This case is remanded to the Court of Appeals for purposes of a remand to the circuit court for a trial, if the parties are so advised.