Can I receive a settlement while in a Chapter 13 bankruptcy?
I am currently in a chapter 13 bankruptcy, but might get awarded a settlement. Will I be able to receive this settlement or will it go to the bankruptcy trustee?
Call your attorney.
If this is an exempt asset or one obtained completely after filing of your case (ie injured after case filing) you should be able to keep it.
If this is not an exempt asset, and one that was not listed on your original petition, you may need to ammend.
For example, if you are in a 10% plan because you had no assets. Yet this is a $100k injury settlement that should have lead to you being in a 100% plan. Lucy got some ‘esplainin’ to do.
This entry was posted on Wednesday, January 13th, 2010 at 11:54 pm and is filed under chapter 13 bankruptcy. Follow the comments through the RSS 2.0 feed. You can post a comment, or leave a trackback.
Traditionally this wouldn’t happen but this isn’t saying it couldn’t. The best way to know for sure is to contact the trustee’s lawyer and find out exactly. Hopefully it works out in your favor and I hope this helps!
References :
http://www.calltheram.com
January 14th, 2010 at 5:07 am
Call your attorney.
If this is an exempt asset or one obtained completely after filing of your case (ie injured after case filing) you should be able to keep it.
If this is not an exempt asset, and one that was not listed on your original petition, you may need to ammend.
For example, if you are in a 10% plan because you had no assets. Yet this is a $100k injury settlement that should have lead to you being in a 100% plan. Lucy got some ‘esplainin’ to do.
References :
http://www.bkworker.blogspot.com/
January 14th, 2010 at 5:22 am
http://diylegalinfo.com/bankruptcy_Links.html has a lot of information on bankruptcy questions, how to handle them yourself and other information.
References :
http://diylegalinfo.com/bankruptcy_Links.html
January 14th, 2010 at 5:51 am