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I had a BK about 8 yrs ago and just received a class action settlement for $5k which went to the BK Trustee. Anything I can do?

Kansas City, MO |
Filed under: Chapter 7 bankruptcy

I filed in Missouri....I now live in California

Attorney Answers 4


  1. Best answer

    The issue is whether the cause of action which was resolved in the class action suit arose prior to your bankruptcy filing or after your bankruptcy filing (assuming you filed for chapter 7 relief). The analysis is a bit different for other chapters. If the cause of action arose prior to bankruptcy then it will belong to the trustee for the benefits of your creditors unless you can exempt it. If it arose after the bankruptcy filing date, then it does not belong to the trustee.

    Talk to a bankruptcy attorney about it

    This is general advice based on limited interaction in an online forum. The reply does NOT create an attorney-client relationship. You are strongly advised to seek the advice of an attorney in your jurisdiction after you have presented them with all of the facts.


  2. I presume that the bancruptcy action is closed? What, if anything, does the bancruptcy have to do with the class action? Write to the court (or call the clerk and ask...) and request your money. You'll know what to do when you receive their reply.

    The above is not intended to be legal advice, but may be used for general information. Please contact an attorney for specific help tailored to your needs. www.figgardenlaw.com


  3. When you file bankruptcy, all of your assets become part of the "Bankruptcy Estate." You can read about the "estate" in this post:

    http://fpbankruptcylaw.com/spending-time-at-the-bankruptcy-estate/

    Basically, when you filed bankruptcy, any potential settlement you may have received from the class action lawsuit is part of the estate and therefore, goes to the trustee when received. Where you filed is only important for exemption purposes and therefore, you should contact the attorney that handled your filing to see if there was any possible way to exempt this settlement.

    Pipitone Law is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy. This answer does not constitute legal advice. An attorney/client relationship has not been established until it is agreed in writing.


  4. Through your bankruptcy attorney, contact the court to obtain relief

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