Legal Question in Bankruptcy in California

Will bankruptcy effect my workmans comp settlement

I am due to settle a workmans comp claim before the end of the year, and want to know if I file bankruptcy will my settlement be taken. Also since I lost my job I have had to let my bills go and I now have an eviction on my record, can the apartment complex get ahold of the settlement if I file....Or what happens if I don't file, can they take the money to cover their charges.


Asked on 11/17/04, 6:30 am

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

Re: Will bankruptcy effect my workmans comp settlement

You can claim the workers compensation award as exempt in a bankruptcy case. However, by doing that you may leave other assets unprotected (such as cash in your bank accounts, excess value in automobiles, etc. I would have to go through a complete consult to advise you properly on that. I'm not sure I understand your question about your landlord. If you file bankruptcy no creditor can take actions to collect on the debts. If they could, it would defeat the entire purpose of filing bankruptcy. If you would like a free phone consultation, please visit my webpage at http://www.bklaw.com/consult.html and then contact me to schedule a time.

Regards,

Mark

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Answered on 11/19/04, 1:21 am


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