lawsuit winnings after bk

[lifeafterbk]

I filed for chapter 7 10/05, I believed it was closed 02/06.

I am involved in a lawsuit for the wrongful death of my father, the case settled and the winnings are to be disbursed soon. Will my previous BK affect this in anyway? I received a letter from my lawyer today asking if I have ever filed for a bk and didn't understand what that would matter.

Thanks in advance for your help.

[AngelinaCat]

When was your father's death? (Please accept my condolances) And when did this lawsuit commence? When did it end?

The dates of those events and the dates of your discharge and closing could impact on each other.

'Hub and I were asked at our 341 if we had a lawsuit against anyone, and had we won a lawsuit against anyone? Presumably if we had, the trustee could go after at least part of that judgment. We didn't, so there were no follow-up questions.

Welcome to the Forum, BTW. Sometimes I forget my manners.

[2manybills]

I may be wrong, but it is usually only one year after you are discharged. Some others may chime in on that.

[lifeafterbk]

When was your father's death? (Please accept my condolances) And when did this lawsuit commence? When did it end?

The dates of those events and the dates of your discharge and closing could impact on each other.

'Hub and I were asked at our 341 if we had a lawsuit against anyone, and had we won a lawsuit against anyone? Presumably if we had, the trustee could go after at least part of that judgment. We didn't, so there were no follow-up questions.

Welcome to the Forum, BTW. Sometimes I forget my manners.

My father passed away 7/04, the lawsuit began at the end of 06, (the lawsuit was started by my mother, I was not brought into until a later date) and I believe they chose to settle about a year ago. Sorry for not having exact dates, I am part of it only because I am a child and not really familiar with the case.

Thanks again for all your help.

[MSbklawyer]

When did your father's wrongful death cause of action come into being. If you had a right to sue at the time you filed bankruptcy, your chose in action (that is, your right to sue) was part of your bankruptcy estate. That is, it belonged to your trustee.

If you owned the right to sue and didn't list it, it could be big trouble. What it would mean is that your bankruptcy would be reopened, and any proceed that you were entitled to from the suit would go to your unsecured creditors.

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Sorry, post 5 came along before I posted.

If your father died in 7/04, that's when the wrongful death action accrued. If you filed bk in 10/05, you should have listed the cause of action as an asset in your bk -- if you had any way of knowing about it.

Anything that comes up is going to turn on whether you had reason to know about the cause of action when you filed.

[lifeafterbk]

When did your father's wrongful death cause of action come into being. If you had a right to sue at the time you filed bankruptcy, your chose in action (that is, your right to sue) was part of your bankruptcy estate. That is, it belonged to your trustee.

If you owned the right to sue and didn't list it, it could be big trouble. What it would mean is that your bankruptcy would be reopened, and any proceed that you were entitled to from the suit would go to your unsecured creditors.

------

Sorry, post 5 came along before I posted.

If your father died in 7/04, that's when the wrongful death action accrued. If you filed bk in 10/05, you should have listed the cause of action as an asset in your bk -- if you had any way of knowing about it.

Anything that comes up is going to turn on whether you had reason to know about the cause of action when you filed.

WE had no idea about the lawsuit when we filed for bk. To be honest I'm not even sure if wrongful death is the correct term, he is part of the Vioxx settlement, he ended up dieing partly because of the use of Vioxx. I was not part of the lawsuit in the beginning which I believe started at the beginning of 06. Hope that helps and thanks again to everyone for your help.