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Slip and Fall injury and Ch 7 Bankruptcy

Hayward, CA |

I am in the process of filling for bankruptcy and this week I was thevictim of a slip and fall at a local business. I received minor injuries (a sprained knee) I'm out of some money due to the injury ( a week of lost pay which is approx $475.00 plus some medical bills in the amount of $195.00. The question is if I pursue legal action against the business where I got hurt. Is that going to interfer with me filling for bankruptcy?

Attorney Answers 7


  1. Best answer

    No, it will not interfere with you filing for BK at all. You should list the cause of action in your BK Schedule B, but if the extent of your damages is along the lines of what you said, it will be easily exempted.


  2. Talk to a personal injury attorney to see what your case might be worth, and compare that estimate to the exemptions available to you under the laws of your state. California allows debtors to select from two methods of exemptions. I am posting a link to a general description of exemptions for all 50 states, but you will want to look at the state laws directly for more accurate information. Hope this perspective helps!


  3. Based upon the numbers this should be of no great issue -- just make absolutely certain that the potential claim is listed as an asset in your case when you file. Make certain your lawyer knows about it!

    Best of luck to you!


  4. I agree with the previous poster. All I would add is that you should contact an attorney to handle this matter. Do not get cheap and try and do this matter per se. Especially since you have this potential asset which you may unwittingly lose. Good luck.


  5. I've handled cases like this before. You need to disclose this in your bankruptcy documents and at the same time you need to seek compensation against the local business for the damage done to you. Let me know if you need help, I can help both with the BK and the accident case.

    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  6. The prior answers all good. I'll just say that your right to compensation from the business is a current asset of yours and would have to be listed in your bankruptcy schedules, with as much exemption as you have remaining to apply to it because you don't yet know how much compensation you will receive.

    This reply does not constitute legal advice or establish an attorney-client relationship.


  7. An amount that small would be easily protected under the "standard" Section 704 Exemptions if you used that system. The other system, sometimes referred to as the "wildcard" Section 703 Exemptions has protections for personal injury. However, the exemption is badly worded and exactly what it means and what is protected is unclear when carefully read. However, if you use this system you are likely to have "wildcard" credits available anyway. Either way can be easily determined by a competent bankruptcy attorney

    This response does not constitute legal advice nor is the attorney providing this advice in any way liable for the providing of this information. It is provided for general information only. No attorney client relationship in made by the answering of this question. Any reader of this response is recommended to seek the advice of a competent attorney in your area.

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