Compensatory/loss damages awarded shortly after filing bankruptcy to repair real-estate. Bank who is also a creditor filed a motion for turnover. Also, is this invasion of privacy?
I don't know what invasion of privacy has to do with anything you described, but what is exempt and what is not depends entirely on the applicable exemptions that were available to you and employed when and where you filed.
Advice on this forum is for informational purposes only and should never be mistaken as a substitute for legal advice. If you are in need of legal advice, you should consult local legal counsel.
Exemptions vary widely from state to state and no attorney is going to know the exemptions in all 50 states. So I am attaching a chart that lists in non-legal terms the exemptions from all of the states.
Unless the laws specifically provide for an exemption, it is within the discretion of the bankruptcy trustee whether or not to demand the turnover of any individual asset.
Hope this perspective helps!
Financial Markets and Services Attorney
You should have included the lawsuit as an asset on your Schedule B. Other than that, as Ms. Bunce pointed out, exemptions vary wildly by state. You should talk to a bankruptcy attorney to see what you could exempt. A link to Alabama's exemption is below.
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