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?


Asked on 6/24/09, 5:16 pm

2 Answers from Attorneys

Daniel Press Chung & Press, P.C.

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.

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Answered on 6/24/09, 5:19 pm
David Gibbs The Gibbs Law Firm, APC

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.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 6/24/09, 5:40 pm


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