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    oespanhol1's Avatar
    oespanhol1 Posts: 49, Reputation: 1
    Junior Member
     
    #1

    Jul 10, 2008, 06:34 AM
    Can creditors attach an award from a neglicence case?
    If one declares chapter 7 bankruptcy and has a current case in progress for an accident causing severe injuries but not may not collect anything for several years, can this award be attached?. If so, for how much,i.e. are there limits?. If this injury caused one to go on disability at half pay and then retire at even less income from a pension, will this have any effect?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Jul 10, 2008, 06:39 AM
    If the debt was not discharged and the creditor has a judgement, they might be able to attach such a windfall. Definitely, once its deposited they could attach the bank account.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #3

    Jul 10, 2008, 07:30 AM
    Quote Originally Posted by oespanhol1
    If one declares chapter 7 bankruptcy and has a current case in progress for an accident causing severe injuries but not may not collect anything for several years, can this award be attached?............If so, for how much,i.e., are there limits?...............If this injury caused one to go on disability at half pay and then retire at even less income from a pension, will this have any effect?


    This should be handled and structured by your Bankruptcy and Personal Injury Attorneys working together - this is nothing to handle yourself.

    And, no, the half pay and/or disability pay have nothing to do with what can be attached or what is protected.

    Again, you need Attorneys who specialize and can work out the details, structure the award, to avoid future problems.

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