SETTLEMENT IN EMPLOYMENT DISCRIMINATION

Asked almost 6 years ago - Rockford, IL

IS AN EMPLOYMENT DISCRIMINATION SETTLEMENT EXEMPT IN A BANKRUPTCY CASE

Additional information

IS AN EMPLOYMENT DISCRIMINATION SETTLEMENT EXEMPT IF IT WAS ALREADY REVIEWED BY THE TRUSTEE AND YOU WERE GIVEN A DISCHARGE OF ALL DEBTS 3 YEARS BEFORE THE CASE IS SETTLED.

Attorney answers (2)

  1. Peter LaSorsa

    Pro

    Contributor Level 14

    Answered . Check with your bankruptcy lawyer but no the settlement would be an asset of the bankruptcy estate of which the bankruptcy trustee would control.

  2. Kevin Lee Linder

    Pro

    Contributor Level 14

    Answered . Exemptionsin Illinois are determined by 735 ILCS 4/12-1001. Is this a Chapter 7 or a Chapter 13, if it is a Chapter 13 the right to the proceeds might be vested in the plan. Personal injuries are exempt up to $15,000 however, I do not know what the basis for the employment discrimination suit is -- likely it is not exempt and is property of the bankruptcy estate.

    Please consult your bankruptcy lawyer.

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