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    memphis62's Avatar
    memphis62 Posts: 1, Reputation: 1
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    #1

    Nov 4, 2008, 11:19 AM
    After bankruptcy over?
    My husband had major heart attack in 2002. No medical insurance, huge medical bills. Filed bankruptcy in 2003. All of that went well. Now, he is due to get some money from a VIOXX claim and the bankruptcy people want to take it all. HELP
    TexasParent's Avatar
    TexasParent Posts: 378, Reputation: 73
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    #2

    Nov 4, 2008, 12:17 PM

    I would talk to a lawyer; my understanding is that once you are discharged from Bankruptcy and you had full disclosure of your creditors. That the creditors listed could not come after you for any past debts.

    Make sure when people call you that you don't admit to the debt; apparently there is some law that they can reopen that debt if you admit to it.

    However I would talk to a lawyer or someone who specializes in bankruptcy or go online to see what the bankruptcy laws are in your state and I would read your own bankruptcy documents.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Nov 4, 2008, 03:26 PM

    Was this a chapter 7 or a chapter 13, if this was a chapter 13 and you are still under the plan, yes, they can and will take the money to cover your debts.

    If it was a chapter 7 and the money from this was not listed years ago,

    1. how did the court evern know and ask about the money ?
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