Legal Question in Bankruptcy in Arizona

Bankruptcy and Personal Injury

I was discharged with chapter7

bankruptcy in Oct. 2007, but am still

involved with a personal injury

lawsuit centered on my fall at

work(Aug. 2006). The latter

necessitated prolonged

unemployment as a surgeon, recent

back surgery and depletion of all

retirement funds. I am still

responsible for spousal support, child

support and back IRS debt. I

understand that any award from the

lawsuit would be considered estate

assets, and available for my trustee. I

am apparently expected to continue

spending time, money and personal

resources with both attorneys, etc. to

follow thru, and should not expect

any re-imbursement, or say in

distribution of settlement. What is

fair here, and who is working for

whom?


Asked on 11/10/08, 8:34 pm

1 Answer from Attorneys
Jeff Biddle Biddle Law Firm, PLLC

Re: Bankruptcy and Personal Injury

Personal injury settlements should be exempt property. This may be dependent on the extent of the injuries and the amount of the recovery. Talk to your bankruptcy attorney about what the personal injury exemption may be for you in your case. If the case has been discharged, you should receive all of the proceeds from the personal injury settlement, too.

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Answered on 11/11/08, 2:21 am


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