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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I am close to discharge of a chapter 7 bankruptcy. However,

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I am close to discharge of a chapter 7 bankruptcy. However, there is the potential of a lawsuit from exposure to toxic materials from over ten years ago that may be an option in the future. To date, there are no health effects. What happens if my health deteriorates in the future and I decide to file suit. Is that settlement subject to the bankruptcy after the fact? If so, will any and all settlements from here forward be subject to this?

cfortunato :

Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.

cfortunato :

Any potential claims that you had at the time of your Bankruptcy filing are subject to the Bankruptcy court - whether or not you have yet filed a lawsuit.

cfortunato :

Any claims that come into existence after you filed your Bankruptcy will not be subject the Bankruptcy court.

cfortunato :

However, personal injury awards are exempt from the Bankruptcy court, so any settlement based on your exposure to toxic materials would not go to the Bankruptcy court.

cfortunato :

I think this is what you wanted to know. If not, please let me know.

cfortunato :

Thank you.

Customer:

Does this mean that I could file this claim at any time seeing that it would be a personal injury award? What if the claim was settled out of court as a means to prevent any future claim to the defendant? Is this still considered a personal injury award?

cfortunato :
cfortunato :

Yes - if the claim is settled out of court, it would still be considered to be a personal injury award.


 

cfortunato :

It does not matter when you file this claim, it will be exempt whenever it is filed.

Customer:

I guess the question that I am asking is that if I settled for POTENTIAL health problems in the future, does this still constitute personal injury?

cfortunato :
cfortunato :

Yes - an award based on potential personal


injury is still a personal injury award.

Customer:

Can this change from state to state?

cfortunato :

The award does not become non-exempt because it is based on potential injury.


 

cfortunato :
cfortunato :

Yes - because not all states exempt personal injury awards.


 

Customer:

Virginia

cfortunato :

Pursuant to Virginia Statute 34-28.1, your state does exempt personal injury awards.


 

Customer:

Thank you. You have been very helpful.

cfortunato :

You're welcome! Happy to be of service!


 

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