Baker, LA asked in Bankruptcy for Louisiana

Q: I filed ch 13 in March 2018, I was in a car accident in July 2019 Can the trustee keep any monies from the accident?

Insurance is trying to paying off my car but the trustee hasn’t allowed it yet. The trustee is still making payments towards the car even though the car is gone and she has been notified of this from the insurance company. My claim is still open for my physical injuries since the injuries are somewhat new the doctor is unsure of future treatment that will be needed but is sure that the injuries are permanent. My payments to the trustee are current and being paid on time.

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

A: If you are in a 100% 13 plan, then no. If you are in a less than 100% repayment plan, then the trustee n mc at be able to get a portion of it.

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