Legal Question in Bankruptcy in California

I have a pending auto accident award that may be settled between 1 to 6 months from now. I would like to file Ch 7 now due to finances but If I file Ch 7 now, can that award be taken away or delay the BK proceedings?


Asked on 9/09/11, 3:52 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

If you file bankruptcy now, the claim - the right to pursue this settlement from the accident - is an asset you must disclose in your bankruptcy. You may be able to exempt, or protect part or all of this asset from liquidation in bankruptcy, but it will take more facts than are presented here to make that determination. I suggest you contact and meet with a bankruptcy attorney to discuss your case, and whether filing now might result in the loss of the right to collect the settlement. Most attorneys will provide you with an initial, free consultation and most will pre-screen your case at no cost to ensure that you qualify and that this asset will not be liquidated (taken away) in bankruptcy. I've been filing cases for 15-plus years in the Central District of California, Santa Ana Division (where your case will be filed based on the zip code you gave), and I can assure you that all of the trustees here will jump on an asset like this unless properly exempted.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Read more
Answered on 9/09/11, 4:10 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in California