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    heathercox09's Avatar
    heathercox09 Posts: 1, Reputation: 1
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    #1

    Dec 27, 2010, 01:25 PM
    Settlement and how long will it take to receive check
    My husband goes Jan 26th to settle with the workmans comp board. After reaching an agreement, how long will it take to receive a check, and since we are in Chapter 13 BK, how much can they take or what is the process?
    CinnamonBrownie's Avatar
    CinnamonBrownie Posts: 45, Reputation: 13
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    #2

    Jan 3, 2011, 07:29 PM
    Probably your best bet is to ask your lawyer -- I'm presuming you have one if you're in a Chapter 13 bankruptcy (my understanding is they're more complex than a Chapter 7). He's obligated to answer questions like that since you're his client.

    In any case I'm sure someone who wants to give more than the most general of answers would at least need you to post your state and bankruptcy court jurisdiction.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 3, 2011, 07:40 PM

    First the workers comp board may or may not make a ruling that day, most likely they will hear the case, perhaps one side or the other will continue to another hearing, They may take a few weeks to make a final decission, and then the other side can still appeal in most states, if they wish.

    Even after there is a amount ordered, it could be anywhere from 30 to 60 days, for the insurance company to issue a check.

    Also on the bankruptcy, depending on how much it is, there is an exempt amount allowed by your state law, most likely they will take all money over that amount. Or if it is large enough, it may even effect the status, So depending on the size, you may want to discuss this with your attorney

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