Question about open Chapter 7.

[vhs]

What typically happens during a pending lawsuit, where a debtor might be awarded "loss of future earnings".

My research shows that the debtor gets to keep the money from the lawsuit.

In this case, the lawsuit was listed in the chapter 7, everything has been transparent. The case was discharged but is still open due to the lawsuit (which was originally a whistleblower but, turned into a possible settlement) and a possible inheritance. Regardless, the lawsuit involved an employer, whose hostile work environment, led to a loss of future wages, and income. Also, the reward will be presented as a W2, if that helps at all.

The state exemption that I am referring to (Nevada) shows that loss of future earnings is covered and is an exemption.

[vhs]

Thanks for any feedback!

[despritfreya]

If you can claim a valid exemption on the "award" then you should be able to keep it. The problem is that the folks on this Forum, including me, (or any other Forum on the Internet), will not going to be able to give you a definitive answer. You need to be discussing this with your attorney.

Des.

[vhs]

thanks d.

Yes, I did talk to me attorney. It should be OK. I have been transparent all along the way, so I am not worried about it.

I gave up a good paying job because of unethical things at work and led to the whistle. The government interviewed me, but passed on the case. So, I got a private attorney who took the case per the government blessing.

He said I SHOULD be ok, my attorney. But, we are not sure. The loss of employment (I constructively resigned) led to my eventual bankruptcy. I have a lot to fall back on here. I know that.

[vhs]

I appreciate any feedback.

and don't get mad at me if I have to delete this later, for confidentiality, even though I am very vague here. )).

[despritfreya]

. . .don't get mad at me if I have to delete this later. . .

No one is going to "get mad" at you. It is your thread and if you feel the need to delete it, so be it.

Des.

[vhs]

No one is going to "get mad" at you. It is your thread and if you feel the need to delete it, so be it.

Des.

Thank you.

It's a stressful time, and I appreciate all you do and others on here.

I do think my situation is covered under "loss of future wages", for all the distress caused in my lawsuit. It was with an employer, and they broke the law in this situation, by creating a hostile work environment and other activities. I was right in the situation, as they are finally ready to settle with me in the agreement we are making. I am going to fight this if the trustee pushes back as well, even though I think the trustee will side we me and my attorney here. This just got caught up in the timing of the BK 7, and my filing was partially caused by this situation with my employer. Any other insight, from anyone, would be appreciated as well.

[justbroke]

I wish you the best vhs. I haven't had anything similar in my Chapter 7 so I can't comment on my experience. And, as despritfreya wrote, no one here will ever be mad at you. There are just some more complex questions that are not everyday questions and there could be underlying facts which may change the outcome based on the individual debtor and State law.

[vhs]

Thank JB.

The lesson here is to always be transparent in dealing with the courts, etc.

I was tempted to say nothing. But, that would be the wrong course of action.

[vhs]

Just reread my document, and it mentions "retaliation", which is correct and perfect for an exemption in my situation.