If I understand your post correctly, you are seeking to protect FUTURE, POSSIBLE lawsuit awards (i.e., you haven't been awarded anything yet)? If that's the case, that award will be an asset of your bankruptcy estate. It is possible to exempt some of it via the "wildcard" exemption (assuming federal exemptions are used, which is possible in WI), but there is no overall exemption for an award involving wrongful termination - it is not classified as "personal injury" or "pain and suffering," so I highly doubt you can protect all of it. If you file bankruptcy, your creditors won't directly sue you and take your money - they will be paid from anything the bankruptcy estate generates. And, once you file bankruptcy, you cannot take it back. If you cannot keep the house, the house will be gone as will all of the non-exempt lawsuit award. Your attorney needs to explain this to you in detail.
We can be reached at 507.334.0155. Our web address is: www. corbin-law-office.com. Answers on Avvo are not to be considered a response to a specific legal issue in a specific jurisdiction - they are to be considered only general responses to hypothetical scenarios posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction. No information contained herein should be construed as a solicitation for business, an offer to perform legal services in any jurisdiction in which the attorneys of Corbin Law Office are not licensed, or the dissemination of legal advice. No creation of an attorney-client relationship should be assumed or implied. We are a debt relief agency. Corbin Law Office helps people file for bankruptcy relief under the bankruptcy code.
I am guessing you hired someone to fill out the forms for you, and not an attorney. Chapter 7 is not typically used to save a home from foreclosure, as you must be current on the home to assure that you can keep it in a chapter 7. So you probably should be in a chapter 13. To address your question, you list several issues. I do not think medicare fraud or patient abuse would bring you anything personally. It sounds like you would be bringing a worker's compensation claim which you should have listed as an asset on schedule B and exempted on schedule C pursuant section 522(d)(11)(E). If you did not do so, you should amend. But you are also foolish if you do not have a bankruptcy attorney assisting you. By filing what you did under oath, you have jeopardized your claim. Courts have held that by swearing there was no claim against your employer (you did not list it, therefore it did not exist), you are barred from later saying there was one.
Potential recovery in a lawsuit is an asset that must be disclosed on Schedule B of the bankruptcy petition. You must schedule the asset and even if you list the value of the assets as "unknown" you must claim whatever applicable exemptions, wildcard or other, that may be available. Otherwise, your recovery is not your property, it is part of the bankruptcy estate, subject to administration by the trustee.
You must amend your petition. Do not go to the creditors meeting without taking care of this.
Bankruptcy filings require that all assets, income and debt be fully, truthfully and accurately disclosed. Failure to comply can result in a motion to deny discharge under U.S. Bankruptcy Code Sections 523 and/or 727.
Here is an article on bankruptcy basics:
Chapter 7 bankruptcy Bankruptcy petition Credit Personal injury Personal injury lawsuits Foreclosure Fraud Workers' compensation Employee benefits FMLA (Family and Medical Leave Act) and employees Sick leave and work hours Wrongful termination of employment Lawsuits and disputes Motions Sued for debt