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#1
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bankruptcy and potential pi claimIn 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? |
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#2
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| 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. |
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#3
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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.
__________________ "Knowledge is Power - use it as you see fit ! I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice. |
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