View Full Version : Is a Monetary Award from a Personal Injury Attachable by Creditors of a Bankrupt?
oespanhol1
Jul 26, 2008, 09:17 AM
Is the monetary award from a personal injury lawsuit attachable by creditors?
JudyKayTee
Jul 26, 2008, 09:58 AM
Is the monetary award from a personal injury lawsuit attachable by creditors?
You have posted this twice - it has been answered thoroughly and at length on the other thread.
Posting repeatedly does not change the law.
Should be combined.
George_1950
Jul 26, 2008, 11:02 AM
Since you have brought-up the subject of bankruptcy, certain property of a debtor may be exempt from claims by the Trustee or creditors. The exemptions vary from state to state. In Georgia, for instance, a debtor may exempt "...payment of not more than $7,500.00 from the recovery for personal injuries excluding pain and suffering or compensation for actual pecuniary loss, and payment for compensation for loss of future earnings to the extent reasonably necessary for the support of the debtor and his dependants." What is your state? See: Bankruptcy Personal Exemptions - Individual State Exemption Links (http://www.debtworkout.com/states2.html)
JudyKayTee
Jul 26, 2008, 01:28 PM
Since you have brought-up the subject of bankruptcy, certain property of a debtor may be exempt from claims by the Trustee or creditors. The exemptions vary from state to state. In Georgia, for instance, a debtor may exempt "...payment of not more than $7,500.00 from the recovery for personal injuries excluding pain and suffering or compensation for actual pecuniary loss, and payment for compensation for loss of future earnings to the extent reasonably necessary for the support of the debtor and his dependants." What is your state? See: Bankruptcy Personal Exemptions - Individual State Exemption Links (http://www.debtworkout.com/states2.html)
I may very well be wrong but I was under the impression (from the wording) that OP has already filed in bankruptcy and been adjudicated bankrupt, that OP is not now considering filing and thinking in terms of exemption.
I also note - and it is the same in several States - that the $7,500 has a lot of exclusions, particularly when addressing a settlement. That's why I suggested an Attorney to write the settlement carefully.
Fr_Chuck
Jul 26, 2008, 01:52 PM
Thread closed,
OP has already gotten this answered but did not like what was told it appears, OP even reported some of the experts that gave correct advice and did not want them to post again.
I am not sure after reading the posts the OP even wants a real answer .