Portland, OR asked in Bankruptcy for Oregon

Q: Oregon bankruptcy chapter 7. On 12-24-2014 inguinal hernia on the job. Claim was closed cause it was small and may never

need surgery. Aprox. June 2018 forced into bankruptcy loss of job. Aprox. September 2018 bankruptcy chapter 7 is discharged. In November 2018 I reinjured hernia and given 30 lb. weight limit. and reopened workers comp case from almost 4 years ago. If I take a lump sum settlement can the trustee swoop down and take any of it or all of it despite the fact injury occurred 4 years ago and now its reopened 3 months after bankruptcy was discharged. So to sum it up the initial injury was 3.5 years pre petition the reinjury and reopening is post petition. Can a trustee take any of the money in this scenario ?

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1 Lawyer Answer
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: No. If the injury was post petition and the reopening was post petition, the award belongs to you.

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