Can They Take A Personal Injury Money Settlement To Pay Chapter 13 Bankruptcy?
My father received a personal settlement but filed bankruptcy a year ago, received a personal settlement claim, can they take that money?
My father received a personal settlement but filed bankruptcy a year ago, received a personal settlement claim, can they take that money?
In bankruptcy you are only allowed to keep the first $5,000.00. The rest would have to be turned over to the Chapter 13 Trustee. If he was in a Chapter 7 and he received the money after his discharge, he would be allowed to keep all of it. He should talk to his attorney about this….did he tell his attorney about the settlement before he filed the case??
They can do anything they want. I wouldn’t hold my breath. Sorry.
Yes, they can. Especially if his bankruptcy has not been discharged yet. They can take all of it and use it to pay his creditors.
Since he filled chapter 11 instead of chapter 7 I believe they can. He is working on paying his debts off. His best bet is to contact the lawyer that filed for him and they will be able to give him the best legal advise.