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Lawsuit settled 8/14/08 - still need to list it?

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    Lawsuit settled 8/14/08 - still need to list it?

    Looking over a blank bankruptcy petition, it states on the Financial Affairs Statement #4: List any and all lawsuits to which the debtors were a party during the one year period prior to the filing date of the petition.

    I was involved in a car accident on 8/28/07 and the case was settled on 8/14/08 - subsuqently, the money is spent.

    Would I still have to list that lawsuit even though it has been settled and is NOT PENDING (there are no funds for the trustee to collect)?

    Thanks,
    BKUniverse

    #2
    Yup, I believe you do, unless it was settled in a period 12 months prior to your filing, it is an ongoing lawsuit.

    You would list "Settled" in the status section.

    Comment


      #3
      I agree. If you are above the median income, the amount you received could also count against you as income on the means test. The case trustee is likely to want an accounting of how the money was spent.

      Comment

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