Q: I won a lost wage disabilty claim against my auto insurance company and I just filed bankruptcy can creditors take it?
I am currently not working and have not for the last 2 years due to an auto accident injury and am actively seeking social security disability at the moment
A: The issue is whether the claim, or the money you received or will receive, can be claimed as exempt in the bankruptcy case. Another relevant consideration is the chapter of your bankruptcy case. In chapter 13, for example, the trustee does not always take control of non-exempt assets. You need to discuss this with your attorney, or to hire one. There are too many issues to enable me to give you a complete response.
Trent Harris agrees with this answer
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