Malpractice Suit after the 120 day waiting period

[booboo]

Could anyone tell me if my 120 days ended in January of 2010 and I was hospitalized in March of 2010 and because of a professional wrongdoing I believe I have a malpractice action against the hospital, since it is beyond the 120 days since filing, ,does the Bankrupcy Court have the right to attach any settlement I now get.

The professional malpractice happened AFTER the 120 days, and my case is closed as a no asset case.

Any input would be appreciated. I do not want to make the appointment with the attorney unless I find out what the situation is. There would be no sense filing a lawsuit if the Trustee could reopen the case and take it.

Thanks for your time and input.

Postalman

[despritfreya]

If the injury occurred after your Chapter 7 filing date it IS NOT an asset of the bk estate (the 120 days requirement has no application to a personal injury claim). If the injury occurred before you filed but you did not know about it until after you filed it IS an asset and any settlement belongs to your creditors.

Your post is a bit confusing but it appears that the "malpractice" that caused your injury happened in March, 2010 and you filed the Chapter 7 sometime before the injury. If so, it IS NOT an asset of the bk estate.

Des.

[booboo]

Thank you for your input. My BK filing was in Aug 2009, and was hospitilazed on March 4, 2010. The injury was caused by an injection to my epigastric artery and caused a Rectus Sheeth Hemmorage and almost caused my death. From what I understand is that since the injection was a direct injection directly into the epigastric artery and not given at a 90 degree angle is what caused the bleed.

My concerned was that I need to contact a malpractice attorney and did not want to do this if it will be the case where the Trustee will move into the process and take the proceeds assuming I have a case and reopen my BK and pay what was dismissed. I had $210,000 in debt wiped out.

Thank you for all the input.

BooBoo