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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 05-08-2002, 01:22 PM
jbc12573
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bankruptcy and potential pi claim


In kentucky, i was recently injured by another driver in a rear end collision. i am thinking about suing her and her insurance company since i am almost out of pip coverage for my continuing medical treatment. i also have been contemplating filing a chapter 7 due to my lack of employment and the amount of money i owe on past medical bills not related to this accident. if i file bankruptcy now, before i file any personal injury claim, will the trustee include any future money i get from a settlement or judgment from the tortfeasor?
  #2  
Old 05-11-2005, 02:12 PM
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Join Date: May 2005
Posts: 15
i think the question the trustee asks , or i've seen on a form, asks if you are party to or are somehow else possibly entitled to money like that, you have to list it. i see what you mean about putting this off a few months in hopes you can keep the money. sorry i can't be more definitive. i know the form is somewhere online the exact question

however what i do know is the trustee can go 6 months (not sure if more, but definitely 6 months ahead) after you are discharged to look for things like this that may have been missed. so if you'd wait 1 yr after discharge, you 'may' be safe.

i'm pretty sure by the letter and spirit of the law they would want you to report this though

here are some forms, sorry i don't have time to review them now
[url]http://www.uscourts.gov/bkforms/index.html[/url]

Last edited by newsposter; 05-11-2005 at 02:16 PM.
  #3  
Old 05-11-2005, 07:01 PM
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Join Date: Feb 2002
Location: Nashville,TN
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The Trustee can get his/her hands on any monies you come into for 6 months after your FILING DATE, NOT the discharge date.
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