Legal Question in Bankruptcy in Maryland
bankruptcy
If I filed a bankruptcy and 3 months after it was discharged I get a work related injury settlement, do I have to forfeit the money to the trustee?
2 Answers from Attorneys
Re: bankruptcy
If the injury happened pre-petition and you did not schedule and exempt it, you very likely will have to surrender it to the trustee.
Re: bankruptcy
If you filed chapter 7 AND the claim arose after you filed, then no - any assets acquired after the bankruptcy was filed are not part of the bankruptcy estate. The big question in my mind is when were you injured? If you were injured before you filed, and received the settlement after, did you disclose that you had a claim for the injury to the Bankruptcy Court and the Trustee? And if so, did the Trustee abandon the claim, or did you properly exempt the claim? If you failed to list a claim that existed at the time you filed, even if the settlement came after, you need to hire an attorney right away, and reopen your case, as you may have inadvertently commited bankruptcy fraud.
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