Personal injury settlements may be exempt assets DEPENDING on a variety of factors related to your actual, specific scenario.
Please Note: bankruptcy cases requiring any degree of exemption planning, however, are not the DIY (do it yourself) variety. Seek experienced bankruptcy counsel to represent you throughout the duration of your case, including the critical planning phase involved in completing your bankruptcy petition and schedules.
Here is what you must do (no need to file another bankruptcy case ):
Motion to reopen + order on motion to reopen + Form B23 + your Certificate of Completion Financial Management Course +++ $260 fee to reopen (yeah. I know.)
But, better to go this route than do it all over again and the additional expenses and time.
Hope that helps
Technically, a lawyer who does not collect fees upfront before a case is filed loses his ability to collect unpaid fees.
Filing of the bankruptcy petition creates an automatic stay which precludes any pre-petition creditors from pursuing collection activities on debts owed (including one's own bankruptcy attorney).
A bankruptcy lawyer that requires fees paid in-full before filing is simply protecting himself and following the law.
In my office, we set up payment plans and...
The answers above are more-or-less correct, depending on various other factors. Notice in a no-asset bankruptcy has been found inconsequential if a no asset case and if the debt would have been characterized as dischargeable if it had been listed in the case. See In re Beezly.
You may also wish to review 11 USC 523... 11 USC 727 regarding dischargeable debt.
If you are able to prove that your debt would have been non-dischargeable, and/or if you have any other information leading...
No. In the Central District of California, fee waivers require that you apply in person at the filing window and await determination on the same day, which will be evaluated based on information included in your application and bankruptcy petition. The court consistently has disallowed fee waivers where a person has paid an attorney for legal services ( and also where assets exist that may be liquidated to pay the $306 filing fee, whether or not the assets are otherwise exempt in one's...
11 USC 522(f) can be used to strip Judgment Liens in a Chapter 7 case, depending on various factors and depending on whether you have exemptions available to protect assets and/or whether there is equity in a home that you own and whether the judgment creditor is secured by the equity in your home.
Currently, a 2nd mortgage cannot be avoided/stripped in a Chapter 7 case, no....matter...what.
For more information visit: www.salanicklaw.com
Much of what happens will depend on what you choose to do next, the reason for filing C13 v C7, what alt options you may have for funding your case, any new income and your employment prospects, and more.
If you're not working with a lawyer, and if you plan to try to stay in your Chapter 13, then you need to consult with a lawyer (and possibly finance the legal fees thru your chapter 13 plan).
FYI... By law, We The People cannot give you legal advice, it cannot represent you at your 341a hearing ( or in bankruptcy court, if necessary), and cannot talk to your creditors for you.
Along with amending your bankruptcy petition and schedules to include the information from the lawsuit, you should also complete the court form for Notice of Pending Proceeding (CM-180) and file in the court where the lawsuit is pending, and also send this to the opposing parties.
Sometime there is...
Generally speaking "no" - you cannot contract out of your ability to file bankruptcy (debtor). There are policy reasons that support this rationale and further described in the bankruptcy code regarding "ipso facto" clauses as unenforceable. See 11 USC section 101 et seq. and search " ipso facto clause" for more information and as a self-help tool until you decide whether you need to seek legal representation.
Best of luck!
Quite possible that it "makes all the difference in the world".
California is a community property state ...if filing bankruptcy after marriage, all of her spouse's income and his assets (which will be presumed community assets once married ) will need to be listed / included in her bankruptcy.
BOTTOM LINE: Seek legal help now, before any errors in filing are made.
Best of luck!
Michael Salanick, Esq.