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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102601
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I filed bankruptcy 3 years ago. Was recently in a car accident

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I filed bankruptcy 3 years ago. Was recently in a car accident due to a medical condition. Passed out at the wheel. Car stopped. Two passengers were on the car. One touched me trying to assist. My body then went straight including my foot on the accelerator. I was still out. I was told one passenger moved the wheel to jump the curb to try to slow the car down. Car hit the side of a building. Myself plus two passengers were injured and I was told a chair hit child but he was released from hospital the next day. My insurance covers up to 300k per person per incident. If I'm sued personally what can I expect? Again I filed bankruptcy on my home and staying in it only b c I continue to make payments which they lowered n c home loan is much greater than value of home. I have 4 credit cards. One leased vehicle and one vehicle paid in fu. I have a govt retirement.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. You state:

"If I'm sued personally what can I expect?"

What do you mean by this, exactly? This is a a very broad question - can you please clarify as to exactly what you are asking?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 4 years ago.
The medical claims and liability will most likely be over my insurance limit. If one of the passengers tries to sue me personally will my bankruptcy home, lease car, federal retirement, and vehicle that is paid in full be an option or are any if these exempt. I really don't have any assets except one fully paid vehicle and federal retirement
G,

Thank you for your clarification. Apologies for the momentary wait while I am writing out the answer...
If one of the passengers tries to sue me personally will my bankruptcy home, lease car, federal retirement, and vehicle that is paid in full be an option or are any if these exempt.

Even if you have filed for bankruptcy, certain assets are still exempt from judgment. This is automatically "homesteaded" in Maryland, and they are:

The following assets of a debtor are exempt from creditors in Maryland:

-$6,000 total in unrestricted exemptions but subject to certain liens. (Md. Code Ann. [Cts. & Jud. Proc.], § 11-504 and 507)
-$5,000 total for clothing, books, tools, instruments and appliances necessary for any trade or profession (Md. Code Ann. [Cts. & Jud. Proc.], § 11-504(b)(1))
-Money payable for sickness, accident, injury, or death of any person
-All health aids
-$1,000 in goods held for family or household use
Most pensions and retirement benefits including the Individual Retirement Accounts (Md. Code Ann. [Cts. & Jud. Proc.], § 11-504(h))
-$5,000 in any real or personal property, in addition to any other exemptions (Md. Code Ann. [Cts. & Jud. Proc.], § 11-504(f))
-Life Insurance proceeds and annuity contracts unless dividends received in cash. (Md. Code Ann. [Ins.] § 16-111)
-Unemployment Compensation
-Worker’s Compensation
-Public Assistance
-A partner’s interest in partnership property per the Uniform Partnership Act (Md. Code Ann. [Corp. & Ass’ns.], § 9-502)
-Tenancy by the Entirety Property unless both tenants are liable on debt. Sumy v. Schlossberg, 777 F.2d 921 (4th Cir. 1985)
-Pensions of State Employees (Md. Code Ann. [Pers. & Pens.] § 21-502)

As such, these things are protected and cannot be taken away, regardless of liability.

As for bankruptcy, if you received your first discharge under a Chapter 7, you cannot receive a second discharge in any Chapter 7 case that is filed within eight years from the date that the first case was filed.

If you received your first discharge under Chapter 13, you cannot receive a second discharge in any Chapter 13 case that is filed within two years from the date that the first case was filed.

I hope this helps and clarifies. Good luck.

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Thank you for your gratuity. Remember - law is very subjective, so it is always best to retain counsel in any situation. Good luck!
Customer: replied 4 years ago.
Ely would a federal bi-wetu pay check be exempt? Also wld a disability retirement be exempt ?
A pension (retirement) is exempt from judgment. Md. Code Ann. Cts. & Jud. Proc. §11-504(h).

Paychecks are NOT exempt, however, and up to 25% may be garnished for satisfaction of judgment, federal or not.
Ely and other Legal Specialists are ready to help you
Thank you again for your gratuity.
Customer: replied 4 years ago.

Ely if I continue working wld my federal pay be exempt or could one sue for my paycheck ? Wld disability retirement be exempt?

Friend I am currently away from the site but will reply in under two hours. My apologies.
Friend,

Your paycheck is NOT exempt - they can attack up to 25% of your net income per pay period towards a debt, be this a check from the government of a private employer.