Q: If you are involved in an accident, and you file Chapter 13 bankruptcy, do you forfeit any winnings awarded by jury?
I just recently won my accident case, and was awarded $40,000 by a jury. However, due to the accident, I was partially disabled and not able to work for 2 years. If I filed bankruptcy, and received the award, am I entitled to all or part of the award? Or, do I forfeit all funds?
A: Any causes of action arising prior to the filing of a Bky case must be listed in the Petition. There is a strong possibility that the Trustee would take the case away from you, along with any award.
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