Hi I am in a chapter 13 bankruptcy and have been making my payments for a year. I was in a car accident and today my personal injury lawyer call me to come sign the settlement check after I signed it she told me it will sit in their account for three days and then she will call me to come pick the my check up, My question is will I be able to pick the check up or will the bankruptcy take it all?
"The bankruptcy" does not take anything. If you have informed your bankruptcy attorney about the unexpected income, then he/she has amended your plan accordingly. If you do not have an attorney, big mistake.
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We can't tell you because we don't know the terms of your plan. You should speak with your bankruptcy attorney about what your plan requires and whether your state's exemption statutes allow personal injury claims to be exempt from creditors. Where I practice (NC) , PI claims are fully exempt, that is not true everywhere. If your plan pays 100% to your unsecured creditors, you will probably be able to keep the settlement even if your state does not exempt PI claims. If you are not paying your unsecured creditors 100%, and your state does not allow PI claims to be exempt, you're going to have to turn the settlement over to the ch13 trustee.
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If you are represented by an attorney in the bankruptcy, then you really need to contact your attorney. Otherwise you need to retain an experienced LA Bankruptcy attorney. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced LA bankruptcy attorney. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
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