If Ifiled for Ch 13over 2 years agoand was in a car accident 8 months ago, can the trustee take my $50,000 award?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
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.