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"How Will Filing for Bankruptcy Impact My Potential Legal Settlement?"

vinnieg1980

Updated: Feb 22, 2024




Filing for bankruptcy can indeed have implications for any legal settlements you might receive. Let’s delve into the details:

  1. Chapter 7 Bankruptcy:

  • When you file for Chapter 7 bankruptcy, most of your property becomes part of the bankruptcy estate. The bankruptcy trustee may sell non-exempt assets to pay off creditors.

  • Settlements received after filing fall within the bankruptcy estate. These could include personal injury settlements, breach of contract claims, or other legal claims.

  • Whether you can keep the settlement proceeds depends on:

  • The type of claim: If the claim (injury or property damage) arose before your bankruptcy, any settlement received afterward usually belongs to the bankruptcy estate.

  • State exemption laws: Most states have specific exemptions to protect a certain amount of personal injury recovery.

  • Timing: Consider when you became entitled to the settlement, not just when you received the proceeds. For instance, if your grandfather left you an inheritance after you filed for bankruptcy, it would likely be part of the bankruptcy estate, even if you received it months later1.

  1. Chapter 13 Bankruptcy:

  • In Chapter 13 bankruptcy, you create a repayment plan to pay off creditors over time.

  • Settlements received during Chapter 13 are generally not automatically part of the bankruptcy estate.

  • However, the court may consider the settlement when calculating your repayment plan. It could affect the amount you need to repay to creditors.

  1. Divorce and Property Settlements:

Remember that bankruptcy laws can be complex, and the specifics depend on your individual circumstances. It’s crucial to consult with a qualified bankruptcy attorney to understand how bankruptcy may impact your legal settlements and protect your rights.

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We help people file bankruptcy petitions to obtain relief under the bankruptcy code. The information contained on this website is intended to provide general information only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

 

You should consult with an attorney licensed to practice in your jurisdiction before relying upon any of the information from this website.

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