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Trustee objects to exemption on Chapter 7

Spokane, WA |

The trustee on a Chapter 7 bankruptcy case has objected to an exemption on a possible personal injury case. What do I do from here?

Attorney Answers 5


Either obtain an experienced bankruptcy attorney to represent you, research the issue yourself and write and submit a cogent opposition with the court, or try to reach a settlement with the trustee. Hope this perspective helps!

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Do you already have an attorney for the personal injury case? If so, speak with him or her about this situation. In all likelihood, you will want to consult with both personal injury and bankruptcy attorneys to get the full picture.

I only practice in Washington State and may not practice in your area. This answer is a brief hopefully helpful tip to you which is correct to the best of my knowledge and is meant as a starting point for you to conduct further investigation. However, it is made without knowing the factual details of your case or doing any legal research and so may be in error as to either the facts or law. I am not your attorney and I am not giving a legal opinion by this answer.

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As knowledgable and caring as are the attorneys who volunteer for Avvo, accurate information about the law and legal procedure is most we can provide. This forum is ill-suited to advising an asker how to proceed in a specific case.

If you are attempting to navigate the Chapter 7 labyrinth without an attorney, now would be an excellent to correct that very unwise choice. The intersection of bankruptcy and personal injuury law is a minefield. For starters, you PI attorney needs to be approved by the bankruptcy court, or the trustee will see to it that your PI attorney doesn't get paid at the same time he confiscates your settlement (which might be exemptible if done properly). There is a short time limit on the trustee's objection. Get experienced bankruptcy counsel on board before your bankruptcy turns into a very costly (and irrevocable) misadventure .

Best wishes for an outcome you can accept, and please remember to designate a best answer.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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Here in Western Washington it is quite common for a Chapter 7 Trustee to object to the personal injury exemption. This is their way of "reserving" a stake in the settlement, if any is available. I am presuming you had an attorney who exempted the claim properly. If you filed the case on your own, you should find a good attorney to ensure the exemptions are in place.

I am not your attorney and am not giving legal advice.

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Get a BK lawyer. Do not wait. If you already have one, then let the BK attorney handle it. Whatever you do, do not hide anything, or do anything even faintly dishonest or "cute" in BK.

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