Legal Question in Bankruptcy in New York

rights of a bankrupt

if a person filed for personal bankruptcy before the present reforms, if that person won a lottery, would there be a problem in securing a persons winnings?


Asked on 7/22/08, 3:07 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: rights of a bankrupt

The only answer I can give is a resoundingly unsatisfactory IT DEPENDS.

The law governing each case is very, very dependent on the facts of that particular case; here, unknown factors include dates, the Chapter of the bankruptcy code used, the amount of the winnings, the expected payout and timing of that payout, and whether there are any special circumstances surrounding this case.

You should consult with an attorney who practices bankruptcy law who is located geographically near you to determine whether any of the winnings can be seized by the Trustee.

If your question is whether a lottery system will pay out to a winner who has previously filed bankruptcy, I have no idea; lottery law, rules & regulations aren't my thing. Here, you should consult with a lawyer who practice includes lottery issues.

If you need a referral to a local lawyer, the NYS Bar Association (www.nysba.org) or your county's bar association are good places to start looking.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 7/22/08, 3:37 pm


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