Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.
Did you disclose the lawsuit in your bankruptcy petition, schedule B?
and exempt it on Schedule C?
are you there?
IT seems as if you are away. If you listed the case on schedule B, and exempted them on Sched C using § 440.22 - (Workers’ compensation benefits are exempt.) then it would be protected. There is some case law that states failure to list and exempt the asset means that the trustee can liquidate it.
Hope that helps. let me know if you have any other questions. Thanks
I disclosed the case on the Statement of Financial Affairs. I did not include the settlement on the schedules, because had not received it yet. I will ammend to reflect the settlement. Would it fall under #21 (contingentclaims) on schedule B?
You should amend to list it on schedule B, & C, that is where you list assets (even if unknown) and exemptions. Yes, list it under # XX. on B. thanks
any other questions?
And the entire amount of $12,000 will be protected right? Even though it was just received last month after filing?
If the trustee does not object to your amended B&C , then yes
No that's all. Thank you.
Ok, best of luck to you.
thank you. Terry
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