Legal Question in Bankruptcy in California

Last Minute Backruptcy Issue

We're in California and have the legal paperwork ready for filing for bankruptcy. We just got a call from our personal injury attorney with an offer on a case that we included in the paperwork. Although the offer was rejected, the assumption is that it will be settled soon. However, we included all the medical bills and attorney fees as debts (unresolved) but did not include the amounts as we didn't have them, and the attorney was unresponsive in giving us that information. We plan to file the bankruptcy in court on Friday - will the settlement affect or invalidate our filing? We can't afford to file again. Please advise ASAP, thanks.


Asked on 9/17/08, 7:44 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Last Minute Backruptcy Issue

It won't invalidate the filing. However, you must list the personal injury case, and probably list the name, address, and phone of your attorney. The trustee might want to hire your attorney to finish the PI case if there's any significant potential recovery for non-personal-injury claims. You can exempt a portion of the pure personal injury amount.

Just make sure to list everything, and be up front about all of your assets (potential and current) and liabilities.

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Answered on 9/17/08, 8:29 pm


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