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  1. #1
    Join Date
    Nov 2012

    What you should know about Bankruptcy and Your Personal Injury Claim

    If you are filing bankruptcy and have a personal injury claim, you need to know what this means for your case.
    Even if you are filing bankruptcy, you are still allowed to file a personal injury claim. The problem is that you may be entitled to keep the settlement. This article examines some exemptions and things you need to know.

    Important things to remember:

    1. The bankruptcy court will need to know about your settlement. Tell your bankruptcy attorney, and do not withhold any information.
    2. The damages (money) you receive from the case will become part of your estate.
    3. Any money you receive can be taken to pay your creditors.
    4. If you do not claim your injury as "property" when filing for bankruptcy, you can be stopped from bringing the lawsuit altogether by the courts.

    Here are the exemptions:
    1. Workers' comp claims
    2. Crime victims' claims
    3. Smaller amounts (under $10,000) if you opt for federal exemptions

    The best thing you can do if you have a personal injury case and are filing for bankruptcy is to hire good bankruptcy and personal injury attorneys - and then ask that they work together to ensure that you are able to receive at least some of your settlement.

    THE AUTHOR: Joshua Shulman and Sean DuBois
    Last edited by Watwa; 11-29-2012 at 09:42 AM.

  2. #2
    Join Date
    Oct 2011

    Re: What you should know about Bankruptcy and Your Personal Injury Claim

    These are great things to look for thanks for the information on Bankuptcy

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