Legal Question in Bankruptcy in Florida

Bankruptsy & personal Lawsuit Together

I shortly will settle a personal injury lawsuit. During this lawsuit I have had to file bankruptsy. If settled out of court will the bankruptsy courts still recieve 40%? (Chapt.13 was filed).


Asked on 3/03/01, 1:56 pm

2 Answers from Attorneys
Anthony Comparetto Comparetto Law Firm

Re: Bankruptsy & personal Lawsuit Together

If you had the personal injury claim at the time of filing the chapter 13 you are stuck having the claim paid to the chapter 13 trustee. Talk to your attorney you may be able to dismiss the chapter 13, take and use the personal injury funds and then re-file or file a chapter 7 depending on your circumstances. Talk to a attorney directly and give him your file to review.

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Answered on 4/30/01, 6:33 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Bankruptsy & personal Lawsuit Together

Follow Mr Camperetto's advice.

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Answered on 4/30/01, 7:39 pm


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