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What wil they take from me?

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    #1

    What wil they take from me?

    Hello , I have a question. I have been in serious debt for about 2 1/2 years now and at the present time I am unemployed. I had a stretch of bad luck, I had 3 accidents in the last 4 years, the last which caused me to loose my my job. I do not have any property except for a 1995 ford mustang with no add on features and has about 98,000 miles on it .I now have 3 lawsuits due to those acidents,If I was to file for chapter 7 would they try to take my settlement money when ever I receive it? If so is there any way that I could get around that? Also how long would the actually wait to take my settlement award?
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    #2
    I just went through bankruptcy and was in a similar situation, without settlement money coming in. I think the best thing you can do is go talk with a lawyer and put all your cards on the table. I'm not sure, but I think they would take the settlement money, or make you pay off some of the debt with it. Not too sure on that.

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      #3
      Most BK attorneys offer a free initial visit. Ask your questions there.
      To answer you question before seeing an attorney, from my experience any claim or posible future inrichment would be an asset of your and would be subject to turnover.
      Thanks,
      emoney

      Comment

        #4
        A way around it? Most likely not.

        If you were to file, any windfalls up to a year after you rxcase is closed will be recovered by the trustee.....AND......could be up to 2 years after your case is closed if you covered it up or didn't disclose a possible windfall from a lawsuit.
        Last edited by BassBoy; 10-04-2006, 10:54 AM.
        Bankruptcy History:
        Chapter 7 filed - 10/12/2005 - Asset
        Discharged - 02/16/2006
        Case Closed - 11/08/2007

        A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

        All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

        Comment

          #5
          Originally posted by KevFomNy View Post
          Hello , I have a question. I have been in serious debt for about 2 1/2 years now and at the present time I am unemployed. I had a stretch of bad luck, I had 3 accidents in the last 4 years, the last which caused me to loose my my job. I do not have any property except for a 1995 ford mustang with no add on features and has about 98,000 miles on it .I now have 3 lawsuits due to those acidents,If I was to file for chapter 7 would they try to take my settlement money when ever I receive it? If so is there any way that I could get around that? Also how long would the actually wait to take my settlement award?
          The answer depends on your state's exemptions. I'd suggest speaking with a local bankruptcy attorney and see if the proceeds are exempt.
          Last edited by HRx; 10-05-2006, 07:34 PM.

          Comment

            #6
            Windfalls

            If you were to file, any windfalls up to a year after you rxcase is closed will be recovered by the trustee.....AND......could be up to 2 years after your case is closed if you covered it up or didn't disclose a possible windfall from a lawsuit.

            You mean after discharged? How are they going to know you hit a "windfall?" Do they make you send in bank statements? Tax returns? After the discharge? I could understand if one were to hit the lottery (big one) than many will know (heck, if that were to happen I would just have a friend or relative claim it). But what if you like go to the casino, whether it be slots or cards and you make a couple of thousand, is that considered a "windfall?"

            Just to add what if you get yourself another job, whether it would be one that makes you additional income or two jobs .. after the discharge? Can the case be re-opened and you would have to start paying back monies?

            Thanks Catchmeifyoucan
            July 2006: Filed Ch13 :blink:
            Oct 2006: Converted to Ch7 :clapping:
            Jan 2007: DISCHARGED :clapping:
            Nov 2007: CLOSED :yahoo::yahoo::yahoo:

            Comment

              #7
              Some states exempt any money paid from settlements for personal injury. I agree that a free consulation with an attorney would be helpful.
              Chapter 7 Pro Se....Discharged Feb. 2006

              Comment

                #8
                How much is your total debt?

                Comment

                  #9
                  This thread is 2 years old--not sure how it had come up here again. This is a very tricky area where a lawyer's advice is necessary. I'm in the middle of one of these situations and have done a lot of research on it.

                  It's totally state dependent. Of course, any of the award that is received for medical costs must go to pay the outstanding medical expenses. (Can't discharge them most of the time.) Whether the settlement is received before or after BK is an issue. (Some states protect an ongoing claim in the works, but not an award already received.) Some states protect only parts of the settlement--such as money for medical protected but pain and suffering is not.

                  It can be very complicated and is best dealt with through a knowledgeable attorney.
                  *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

                  My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

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