Legal Question in Bankruptcy in California

Filing BK

My house is about to be auctioned and I may need to file Chapt 7 to delay the sale and avoid paying what ever the bank loses from the auction. I also just filed a Medical Malpractice suite (the reason I fell into problems) If I file BK now can my mortgage bank come after any money I could be awarded from the medical malpractice suite when that resolves?????


Asked on 7/17/09, 3:03 pm

1 Answer from Attorneys
Shalem Shem-Tov

Re: Filing BK

Well, when you file your case, you will have to inform the Trustee of the pending lawsuit. The trustee may want a potion of whatever award you may end up getting from that suit. The bank itself will not take that money, only the Trustee (who will use the money to pay off the bank and whatever other creditors you have).

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Answered on 7/17/09, 4:09 pm


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