Legal Question in Bankruptcy in Nevada

in 2008 I had the transvaginal mesh implanted in 2010 I had to file bankruptcy.. it was settled in dec 2010. in 2013 I was watching tv and the comerical came up for the trans vaginal mesh that it was bad it gave a list of problems I answered yes and then I filed a class action suit I am suppose to get a settlement but now the attorney contacted the the united states trustee and they are reopening the bankruptcy the attorney wrote The office of the United States Trustee has been advised that the debtor is to receive settlement proceeds as a result of litigation which the debtor did not previously disclose my question is this when I filed for bankruptcy how can I disclose that im in a class action lawsuit when I didn't know there was anything wrong until 2013


Asked on 3/11/16, 8:01 pm

1 Answer from Attorneys
Dorothy Bunce

No one can fault you for not listing the claim as an asset in 2010, but when you applied to become a member of the class action, that was when you should have reopened your bankruptcy case to list this asset. Frankly, attorneys that handle this kind of class action ought to be more pro-active in looking out for these problems instead of waiting until a settlement comes in and saying "whoops!" This happens often enough that you are unlikely to be in trouble for failing to notify the bankruptcy court, but not being in trouble will not put any money into your pocket from the settlement award unless you actively amend your bankruptcy schedule to claim an exemption allowed under Nevada law.

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Answered on 3/14/16, 8:43 am


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