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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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Im filing bankruptcy. I was awarded $50k from the court in

Customer Question

I'm filing bankruptcy. I was awarded $50k from the court in Oregon for sexual assault, i'll probably never see it as he has left the country and has no accounts here. Do I have to claim this, if so, can I claim it as exempt property, or which schedule would it go on?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 4 years ago.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*


Thank you for your question. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

You may be able to claim the judgment up to $10,000 exempt under ORS 23.160(k) if you suffered a physical injury as a result of the assault. You can also consider that the current actual value of the judgment may be less than the $10,000 exemption limit based upon the fact that collection seems extremely unlikely.

The judgment would be listed on Schedule B, item 21 and on Schedule C

I would be glad to respond to any follow-up questions that you may have.
Customer: replied 4 years ago.
This isn't enough information. I was told that if item was listed on 'b', it doesn't go on 'c' too. This is not clear.
Expert:  Ellen replied 4 years ago.

There is no need to state that I provided "poor " service in order to obtain more information. As I explained I am happy to follow up with additional information if you need clarification.

All property must be listed on either schedule A or B. If the property is also subject to an exemption, it is additionally listed on Schedule C. I have already explained that the judgment should be listed specifically on Schedule B, item 21 and provided that the schedule C exemption citation is ORS 23.160(k).

If you would like additional information please be specific and I will try to assist youfurther