Wesley Chapel, FL asked in Bankruptcy for Florida

Q: When you were in a car accident and you haven't settle yet, do you have to disclose the info when you are filing

chapter 7 bankruptcy

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4 Lawyer Answers
Cristina M. Lipan
Cristina M. Lipan
Answered
  • Bankruptcy Lawyer
  • Wantagh, NY

A: Yes, any claims that existed as of the filing date of the bankruptcy is property of the estate. See Koch v National Basketball Association: https://caselaw.findlaw.com/ny-supreme-court-appellate-division/1263295.html

W. J. Winterstein Jr.
W. J. Winterstein Jr.
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA

A: The Official Bankruptcy forms, which every bankrupt must fill out completely, and sign under penalty of perjury, ask all kinds of questions about your assets and ownership interests, including the specifics about any claim you may have against others, as well as all claims others may have against you. No asset or potential asset may be omitted, nor can any claim against you, whether you believe it's a legitimate claim or not.

If you anticipate some personal injury recovery, check the Florida statutes about exempt property, and compare that to the list of federal exemptions. You may be able to claim all or part of a personal injury award as exempt from creditors claims.

Christopher Crull agrees with this answer

1 user found this answer helpful

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

A: Yes.

Paul Cain
Paul Cain
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Ponte Vedra Beach, FL
  • Licensed in Florida

A: Yes, any pending claims will likely be classified as property of your estate. During the bankruptcy, the trustee will take legal title to your property, so it is important that you list and identify everything, even if you aren't sure.

For now, the important thing is to be honest with your attorney and with the court. The final determination will be made during your case. Best of luck, I hope you obtain a fresh financial start soon!

Christopher Crull agrees with this answer

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