If Ifiled for Ch 13over 2 years agoand was in a car accident 8 months ago, can the trustee take my $50,000 award?

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If Ifiled for Ch 13over 2 years agoand was in a car accident 8 months ago, can the trustee take my $50,000 award?

Asked on November 15, 2011 under Bankruptcy Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Most likely the bankruptcy trustee would not be able to claim the $50,000 that you received as a result of a car accident 8 months ago as part of your bankruptcy estate for the simple fact that the accident which triggered your ability to get the $50,000 settleemnt occurred after the filing of your bankruptcy petition.

Had the accident occured before you filed for bankruptcy protection, then there would have been a good chance that the trustee could have claimed the entire $50,000 be placed inside your bankruptcy estate.


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