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insured bankruptcy

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J

jack byrd

Guest
What is the name of your state?
Texas

The company that is liable in my accident case has filed
chapter 11 before settlement. Presently they are offering
me approximately 3 % of my claim. They are based on the
east coast and filed in Delaware court. What is the best way
to handle settlement in this case? The auto damage was
settled, b4 the chapter 11, at a reasonable value. I did not
use a lawyer in the beginning. Does the court require them
to set aside a certain amount for my claim? Since this
happened a year ago, an attorney probably won't accept
this case, so any suggestions as to getting a fair settlement
would be appreciated. Oh yes, the offer does not even
match the lost income filed, let alone the out of pocket
transportation, medical, in addition to the pain and suffering.
 


G

gooberitiz

Guest
chances are 3% is all you will get, as long as everyone else gets 3%.

But here is a tax tip, you could claim your loss on your long form income tax as a casulty loss, and any stock profits rental profits etc, will be lowered by your loss.

And i think it can be carried over year to year ...

So if your settlement was say $20,000 and they gave you $2,000, the other $18,000 could be used to offset any profits on other items...so it may not be as bad as it seems.

best to check with a tax acountant or lawyer to see how to claim the loss.
 
J

jack byrd

Guest
That is one of the issues, my health insurance carrier was
reimbursed for 60-70% of their payment to my doctors. The
3% was a insult to me. I don't have an attorney, but am
trying to get some direction. I thank you for all of your comments
and suggestions, as I have never been involved with a claim
in an accident.
 
G

gooberitiz

Guest
Now your education shall include:

It is penny wise and pound foolish not to have paid a lawyer.

Also if you had asked a long time ago, most lawyers in order to get business, offer either a FREE yes FREE 1/2 hour consulation or low cost $25 50 to give you some idea as to if you have a case and what might happen if you didnt have a lawyer.

So you saved some money up front,but lost in the end.

I would suggest you call tomorrow morning you local bar assocation in the phomne book and get a consulation, and see if there is anything you can do, a bankruptcy is for a business is not that much different then a personal bankruptcy, except its usually a business that gets stiffed like a credit card company, but the tables are reversed and a business can stiff real human beings, just think of how many employees proabaly lostsome or all of their pension benefits.
 

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