Legal Question in Bankruptcy in Nevada
Insurance settlement after chapter 7
If I am awarded an insurance settlement of $100k eleven months after closing chapter 7, is the court or state allowed to claim any or all of that money?
3 Answers from Attorneys
Re: Insurance settlement after chapter 7
If the insurance proceeds are for an injury which occurred to you before you filed bankruptcy, yes, you have to notify the trustee and your bankruptcy estate may get part or all of the money.
Re: Insurance settlement after chapter 7
In order to answer your question I would need more information. Did the accident happen prior to you filing Bankruptcy? Was it listed on your petition? My e-mail is [email protected]
Received Insurance settlement after Chapter 7 filed
If your injury occurred after the Bankruptcy was filed, there should be no problem for you to accept the insurance settlement.
If your injury occurred before the Bankruptcy was filed, I hope you listed it as an asset in your case. If you didn't, I urge you to contact an attorney to amend your case to reveal this asset -otherwise, you could be charged with Bankruptcy Fraud.
Think no one will find out? I wouldn't bet on it! The Trustees are becoming more aggressive about Bankruptcy Fraud and would love to send someone who hid assets to prison to make an example of them and make themselves some headlines.
There are certain types on insurance settlements that you are allowed to keep in spite of a Bankruptcy. You will need an attorney's help with this type of situation.
Related Questions & Answers
-
Duration of bankruptcy on CRW A discharged ch 7 bankruptcy filed before the 10 year... Asked 6/16/04, 11:07 pm in United States Nevada Bankruptcy Law
-
Bankruptcy exemption question I have spoken with a lawyer and am more confused than... Asked 4/22/04, 10:11 am in United States Nevada Bankruptcy Law
-
Out of State Homestead I moved to Nevada due to a job change and left my home in... Asked 4/20/04, 2:28 pm in United States Nevada Bankruptcy Law
-
Chapter 7 dismissal Filed chapter 7 and missed payment due to inability to make.... Asked 4/15/04, 4:15 pm in United States Nevada Bankruptcy Law