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receiving money for a personal injury settlement

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    receiving money for a personal injury settlement

    Had my hearing on the 15 of Dec. had the wreck on the 17. She pulled out in from of me,at a stop sign.... PISSED ME OFF....

    I will receive money for a personal injury during my bk, will i have to turn over the money to the trustee?

    It won't be much about 3-5 thou... don't know when... but it will happen.

    Having a hard time paying for doc. visits and meds and won't have the money to pay trustee when time comes)

    Talked to my lawyer and all she did was smile and told me the payment was do on the date. PISSED ME OFF

    Don't know what to do!!!!!

    #2
    Yes, you have to make your Chapter 13 payment when it is due. The first payment is especially important - if you are late it flags the trustee that there may be a problem with your plan.

    As to your personal injury payment / suit (?): Your whole financial house is under the trustees control during the life of your Chapter 13. If / when you receive a payment due to the accident you need to contact your attorney and let him/her know about it. Whether the trustee will want it or not remains to be seen.
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

    Comment


      #3
      Try talking to the doctors and telling them you are having problems paying the bill, but will pay as soon as you receive payment from the person who hit you. They may be willing to work with you. If the money you receive is just to cover you medical expenses and damage to you vehicle, you probably will not have to turn it over to the trustee since there was a corresponding increase in expenses to offset the income. If there is anything more than that, you may have to turn it over. Contact you attorney when you get the money to find out if you need to report it to the trustee.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

      Comment


        #4
        Already talked to the attorney and he's going to look into it.(money for p.i.) If i have to turn it over to the trustee then i will not take anything. As long as they pay for Doc's visits and Meds I'm cool with that.

        This will be my 3rd payment....if i can come up with all of it.

        Comment


          #5
          If your health insurance company is paying for your medical visits now the other car insurance company (person who hit you) will need to reimburse your health insurance company for those visits/bills (subrogation). I suggest speaking with your health insurance rep or auto insurance rep as to how that will be handled. Any money you receive above that for personal injury needs to be reported to your attorney.
          _________________________________________
          Filed 5 Year Chapter 13: April 2002
          Early Buy-Out: April 2006
          Discharge: August 2006

          "A credit card is a snake in your pocket"

          Comment


            #6
            If you have medical needs due to this accident then you should be in touch with your auto agent, they should give you all the billing information and also a claim number for the doctors, hospitals, pharmacy, etc.

            I was in a car accident about three years ago and I refused to pay for ANYTHING, nothing, nada, zilch. They coughed up the information for me to turn into all the healthcare providers and it was billed directly to the car insurance company. I never paid a dime. I also refused to give the hospital my personal health insurance information because I had worked in medical billing long enough to know how they mess everything up and end up billing health insurance (which leaves you with a copay and all that crap....much easier to just turn it into auto insurance to begin with...)

            Also, when I worked in medical billing and collections, we often had to retain auto insurance information, claim numbers, and agent phone numbers in order to bill the auto insurance for patient care when there was a car accident.

            Why aren't you having all this turned into the auto insurance? It seems silly to put this burden on yourself.

            Comment


              #7
              I have no health insurance, I'm paying this with my money. The other person insurance is going to pay me back. When, i don't know. This is the first wreck i been in, and i been driving for 35yrs. that's why i don't know what to do. This has been a living HELL and i pray it NEVER happens again. I been in contact with the other guys insurance and they say they will take care of everything. That's why i'm having a hard time making this one trustee payment.

              Comment


                #8
                Our plan indicated all payments were due on time even if we lost our jobs. What your attorney should do for you is to try to get the Trustee to allow you to miss one payment to cover these expenses and have the extra payment added on at the end of your Plan (extend one month). That is done quite often. Since you do not have health insurance this poses a big problem to you as you are finding out because under normal circumstances they would pay these bills for you and be reimbursed by the auto insurance company of the person that hit you. Have you contacted your auto insurance company? They should be able to help you out in all this via your coverage.
                _________________________________________
                Filed 5 Year Chapter 13: April 2002
                Early Buy-Out: April 2006
                Discharge: August 2006

                "A credit card is a snake in your pocket"

                Comment

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