Clifton Park, NY asked in Bankruptcy and Workers' Compensation for New York

Q: If your in a chapter 13 bankruptcy since 2018 and got injured in 2020 and now getting settlement is this exempt

Related Topics:
BankruptcyWorkers' Compensation
3 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Bankruptcy Lawyer
  • Clifton, NJ

A: This question should be directed to your bankruptcy attorney.

I agree with this answer Report
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA

A: New York is one of the states that does not permit a debtor to choose between the federal and state exempt property lists, so if your bankruptcy case is in NY state, your exemptions are limited to those provided by the NY statutes.

It appears that NY does recognize a limited exemption for personal injury awards. Your best answer will come from a bankruptcy attorney practicing in New York, and preferably, within the federal district in which your case is pending.

I agree with this answer Report
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: You need to consult a bankruptcy attorney immediately.

I agree with this answer Report

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.