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WALLSTREETFIGHTER
WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 17223
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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i have filed bankruptcy in the state of ny on july 19, 2013,

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i have filed bankruptcy in the state of ny on july 19, 2013, i know it can take up to 120 to 180 days for it to be discharged. My question is that I may be able to settle and old workers compensation case that has been going on for five years, if for some reason it is settled during my bankruptcy process does that money have to go to pay off the debts that were filed with the bankruptcy . Or if this case does offer a settlement after the discharge are the creditors allowed any of the money?

WALLSTREETLAW :

Hello I am a licensed attorney. I am here to help answer your questions. Please do not hesitate to ask for clarification

WALLSTREETLAW :

did you advise the trustee of the case?

Customer:

no i never did, as the question as not come up, just asked if i had any money coming to me ie. inheritence things like that, in fact, i did not even think of it until i went home over the weekend as this case has been going on forever and no agreement were ever made or settlements offered

WALLSTREETLAW :

When you filed bankruptcy you should have advised the trustee, however even if you did not, your workers compensation award is protected under NY law specifically section §282.2(c) of New York’s Debtor Creditor Law, which exempts benefits received as a result of “disability, illness or unemployment benefit.”

Customer:

should i go back and tell them this even if there isn't any gurantee it will happen anytime in the near future.

WALLSTREETLAW :

at this point, it would not matter,but it may be better to have your attorney send a letter or file an amendment to your petition,

WALLSTREETLAW :

since the award is protected it would not matter

Customer:

so i would be protected weather i received the money during or after the discharge

WALLSTREETLAW :

yes

Customer:

thank you so very much for all of your help.

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