I am confused. You mean you have a pending claim against your own auto insurance for a car accident that took place BEFORE you filed bankruptcy? If THAT is the case, you should have listed that claim as a potential asset on your bankruptcy petition AND the trustee would probably have "taken over" the lawsuit. You need to discuss this issue with your bankruptcy attorney. Good luck.
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I agree that if you have a lawsuit, that should be listed as an asset (and exempted to the fullest extent possible). If you have filed for bk, you should be asking your bk attorney regarding this matter as he knows what happened much more than you can explain.
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