If I have an auto accident while under chapter 13 bankruptcy and my bankruptcy is discharged before i get my personal injury claim can my trustee come after my personal injury settlement?
My trustee does not know of the personal injury case but I did have to pay off my car which was under my chapter 13 due to this accident. My bankruptcy has not been discharged but my personal injury settlement will most likely come after my discharge. I have consulted my bankruptcy lawyer who is aware of the personal injury case but he has left me uncertain as to what will happen which is why I am here. He has told that if I settle my PI case before my discharge I will most likely lose most of the PI settlement but has not really been clear on what happens if my my settlement comes after my discharge. I live in the state of TN also.
Personal Injury Lawyer
Did you make the bankrupcy couirt aware of your potential claim before your discharge?
Criminal Defense Attorney
The issue is whether or not you disclosed the asset to the trustee. You should contact both your personal injury attorney and your bankruptcy attorney as soon as possible.
Chapter 7 Bankruptcy Attorney
How the Bankruptcy trustee & court will deal with this issue varies widely from district to district. Since you are represented, you should follow the advice of your attorney, who I would hope is familiar with the requirements in your district.
Hope this perspective helps!