Legal Question in Bankruptcy in California

Personal Injury Structured Settlement Question

I am thinking of filing Bankruptcy and would like to know if a personal injury settlement is exempt from bankruptcy?

Seven years ago I was hit by a drunk driver and I have a metal plate in my head. I settled with the insurance company for a structured settlement for my injuries. Every five years I receive a payment.

Is this exempt from bankruptcy proceedings?


Asked on 7/02/03, 12:12 pm

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Personal Injury Structured Settlement Question

Under one of the two sets of California exemption statutes it is exempt up to the amount necessary for your support and maintenance. Obviously that's something that will need to be determined by a judge considering your expenses, income and overall circumstances.

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Answered on 7/02/03, 12:17 pm


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