Legal Question in Bankruptcy in Texas

husband got in an accident and has filed bankruptcy before the accident should this bankruptcy interfere or hold up the settling of the accident?


Asked on 8/21/11, 8:21 am

2 Answers from Attorneys

Keith Engelke Law Office of S. Keith Engelke

Since this occurred after the petition was filed, it is post petition and should not interfere. However, the bankruptcy stay on litigation may apply during the bankruptcy.

My guess is that the insurance company for the other party (assuming there was one) will file a motion to life the bankruptcy stay and proceed with the resolution.

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Answered on 8/21/11, 1:04 pm
Greg Wiley Law Office of Greg Wiley PLLC

It is likely. It will depend on whether the trustee decides to take an interest in the settlement. It is post-petition but if it is entitled a windfall then it could be an issue. You should contact your bankruptcy attorney on this to get more details.

It is very difficult to fully answer this without more details.

Best of Luck

Greg Wiley

www.dallas-fortworth-bankruptcy.com

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Answered on 8/21/11, 4:06 pm


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