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

    Jul 26, 2008, 09:17 AM
    Is a Monetary Award from a Personal Injury Attachable by Creditors of a Bankrupt?
    Is the monetary award from a personal injury lawsuit attachable by creditors?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #2

    Jul 26, 2008, 09:58 AM
    Quote Originally Posted by oespanhol1
    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's Avatar
    George_1950 Posts: 3,099, Reputation: 236
    Ultra Member
    		  
    #3

    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
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jul 26, 2008, 01:28 PM
    Quote Originally Posted by George_1950
    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

    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's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    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 .
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