Legal Question in Bankruptcy in Massachusetts

Bankruptcy and Personal injury award

I have filed for chapter 7 bankruptcy and would like to know if I were to receive an award from a personal injury would I be allowed to keep any of the money or would it all go to my creditors. Is there a certain amount of time after filing that they could have access to that money?

Or once my debts are discharged would any award be mine to keep. Thankyou very much!


Asked on 5/28/03, 6:41 pm

1 Answer from Attorneys

David Baker Law Office of David Baker

Re: Bankruptcy and Personal injury award

It probably depends on when the accident occurred. If the accident was BEFORE you filed for chapter 7, you might be able to keep it if you claimed the exemptions under the bankruptcy code; the Massachusetts state exemptions don't provide for an exemption. If the accident occurred AFTER you filed, you almost certainly would be able to keep it. This is a tricky area and you should discuss this with your lawyer, or if you don't have one, call me for an appointment to review your situation. 617-241-8500.

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Answered on 5/28/03, 9:32 pm


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