How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask WA Bankruptcy Lawyer Your Own Question

WA Bankruptcy Lawyer
WA Bankruptcy Lawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 25
Experience:  30 years practice. Author of several articles.
Type Your Bankruptcy Law Question Here...
WA Bankruptcy Lawyer is online now
A new question is answered every 9 seconds

More info. on filing a chpt. 13 -It was a recent suggestion

Resolved Question:

Do to an auto accident 2 1/2 years ago I have lost a lot of assets & beyond my injuries I am really in poor financial straights. When the accident happened my newly formed business went under and left $50k of debt on business credit cards, lines of credit, & such. I made a deal with one, the other two are not really pushing it, they are not real aggresive, but I have just recently being sued. I was issued a summons from a debt collector in the past month+. If they get a judement towards me, what can they do? My PI lawyer tells me that I can't file bankruptcy, chpt. 7 because the creditors would take most of my settlement, so we never talked about bankruptcy options again. Today I spoke to a bankruptcy lawyer out of the blue. He told me you 'need to file a chpt. 13 to protect yourself from any judgements, he says it won't affect my settlement & will lprotect you now from further financincial destruction of your property, etc. Is this honestly the way "you" would go? Why?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  WA Bankruptcy Lawyer replied 7 years ago.
When you file a bankruptcy, all of your assets, including personal injury claims become property of the bankruptcy estate. Depending upon your state you may or may not be able to exempt them. If you file a Chapter 7, the trustee takes control of the assets, including your personal injury claim and can settle it or do with it what he wants.

A Chapter 13, on the otherhand allows you to propose a plan and take into account the personal injury claim. The value of the claim needs to be included in your schedules and dealt with. However, and it is a large however, you retain control of the claim and still make decisions concerning the initial decision to settle or not.

In either case it needs to be listed because the failure to list it will be used against you by the person who hit you.

Based upon the information provided it is impossible to tell how bad off you are. If you are going to file any bankruptcy, a 13 is the only one that makes sense given the information disclosed. GIven the increasing pressure, especially with the new law suit, it makes sense but only an attorney with all of the information can really answer that question.
WA Bankruptcy Lawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 25
Experience: 30 years practice. Author of several articles.
WA Bankruptcy Lawyer and other Bankruptcy Law Specialists are ready to help you
Customer: replied 7 years ago.
I have very little money now, basically living on SSDI, $800/mo. I don't know how I could manage paying my creditors anything unless it was really small. Is the number based on your current income? Secondly, and this goes back to my original question. In what ways, mostly I am concerned about the negative consequencws it may have on my lawsuit against the other drive and the settlement amount. Do I have full control in how I deal with my debtors once settled? ... and, is there any reason as to why my current PI lawyer has not suggested this for me, he knows how dire my circumstances are? Thank you.
Expert:  WA Bankruptcy Lawyer replied 7 years ago.
Its based upon current income and the expected recovery in the PI case. Once it is settled, if you are in a 13 you are bound somewhat by the plan. However, a Chapter 13 can be dismissed and then there will be control.

As to why your PI attorney has not suggested it, I do not know. My guess is that he is a PI attorney and knows nothing about bankruptcy. Most PI attorneys are not bankruptcy lawyers. It is a totally different skill set.
Customer: replied 7 years ago.
okay, can you expand on just a couple ideas here... 'you are bound by the plan'... what does that really mean in terms that I can understand
? Also, 'a chapter 13 can be dismissed', what does that mean?. I think I have a good PI, pretty up front with me, I'll ask him why he did not offer it up.

Lastly, just to confirm I understand this, this in no way affects the amount of money I receive in my settlement. And once settled and the money is turned over to me, do I still have a responsibility to those debtors? More specifically, right now they are all throwing up offers that are significantly below what I originally paid, unfortuneately I can't take advantage of this because I have no cash. After the Settlement are they goning to expect or be entitled to the full amount?

I've used this service before, I like it and I will continue to do so. Can't I find out more about you, the attorney who is helping me? Just to say I spoke to so and so about this and 'this' is what they said. Do you have a profile? Thanks again. That's all I have, appreciate it.
Expert:  WA Bankruptcy Lawyer replied 7 years ago.
You are bound by the plan means that as long as you are in it, the terms that are confirmed are the terms you live with. DIsmissal means that. The case is dismissed -- it is as if it was never filed (although there will be repercussions if you try to refile).

As to dealing with creditors - After dismissal - yes. If you pursue the plan what you propose and what is accepted binds creditors as well.

As to finding more about me - I have no idea what the rules are. You really need a lawyer who practices in the district where you are. There are all sorts of local exceptions.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK

Meet The Experts:

  • Terry L.


    Satisfied Customers:

    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
< Last | Next >
  • Terry L.'s Avatar

    Terry L.


    Satisfied Customers:

    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • cortrightlaw's Avatar



    Satisfied Customers:

    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • JoeLawyer's Avatar



    Satisfied Customers:

    Attorney in the practice of Bankruptcy Law since 1996
  • Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    Twelve years experience in all aspects of debtor & creditor BK.
  • A.J.'s Avatar



    Satisfied Customers:

    Experienced consumer bankruptcy attorney.
  • Fritz's Avatar



    Satisfied Customers:

    Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases
  • Law Girl's Avatar

    Law Girl


    Satisfied Customers:

    I am an attorney.