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?


Asked on 6/17/04, 1:43 am

3 Answers from Attorneys

James Smith James E. Smith Ltd.

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.

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Answered on 6/17/04, 9:18 am
Stan Johnson Cohen, Johnson, Day, Jones & Royal

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]

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Answered on 6/17/04, 11:11 am

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.

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Answered on 6/17/04, 12:08 pm


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