How much personal injury money can 2 married joint debtors collect during a Chapter 13 bankruptcy?

I see where my state has a personal injury exemption of $15,000 for an individual under the personal property section of the law. It seems like most of these exemptions can be doubled when there is an interest by joint debtors to the money. However, I cannot find any specific law or legal case that speaks to this issue.

Asked on March 29, 2014 under Bankruptcy Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Under Federal bankruptcy laws, Federal law controls not state law. If you and your spouse are in a Chapter 13 bankruptcy and have suffered a personal injury, any settlement moneys are yours under Federal bankruptcy law. The only issue is what the court will order you to pay your creditors in a monthly basis under your reorganization.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.