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

3 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer
Answered
  • Bankruptcy Lawyer
  • Clifton, NJ

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

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.

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

A: You need to consult a bankruptcy attorney immediately.

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