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VanDLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 833
Experience:  Chapter 7 & 13
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I need to file bankruptcy in Florida due to a 10 year old ...

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I need to file bankruptcy in Florida due to a 10 year old real estate foreclosure by my former mother-in-law. I am going to trial in Missouri on a Personal Injury lawsuit where I am the Plaintiff. Will my settlement be protected from any claims she may make without bankruptcy? If I file, do I do it before or after I receive the settlement?
Submitted: 9 years ago.
Category: Bankruptcy Law
Expert:  VanDLaw replied 9 years ago.


In Florida your bankruptcy will include any personal injury settlement you receive. They will look back up to two years, and any money you collect in the future, will be collected by the Trustee and used to distribute funds to your creditors. One of the three always asked questions in a 341 meeting are you or do you have a reason to see an attorney regarding a personal injury claim, if the answer is yes, the bankruptcy court goes after that settlement.

If she has a deficiency judgment against you, she will be able to execute on any bank accounts or wages just like any other civil judgment.

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