Q: Chapter 7 bankruptcy over 10 years ago. Safe from any personal lawsuits? Or is statue of limitations involved?

A: It turns on the date of the accident. If before you filed, it is supposed to be in the case. If after, it is not. However, by this time, no one likely cares.

A: My colleague, Mr. Siegel, is right as far as he goes, but,

a bankruptcy discharge works holders of claims that existed prior to the bankruptcy filing, not those that happened afterward. And, the bankruptcy discharge works on claimants named by you as the debtor in the bankruptcy. If, for instance, you named the claimant/injured party, but not anyone, e.g., an insurer claiming through him, the insurer may not be estopped by a bankruptcy discharge. I had this issue years ago, where a husband named and discharged direct property division debts to the usual family consumer creditors, but he did not name his wife in the bankruptcy and she was the holder of hold harmless obligations of the husband as part of the divorce. The consumer creditors sued her, and she then sued the subsequently bankrupt husband on the hold harmless provisions that were part of the divorce.

Speak with an experienced bankruptcy lawyer in NY about your issue.

A: Very doubtful court can or will take your post petition/discharge settlement.

A: Based on the information you provided, it is unlikely that the bankruptcy court would be able to take the small award from your 2024 personal injury lawsuit. Here's why:

1. Timing: You filed for Chapter 7 bankruptcy in 2013, and the bankruptcy was discharged the same year. The personal injury lawsuit occurred in 2024, more than 10 years after the bankruptcy filing.

2. Property acquired after bankruptcy: In most cases, property and assets acquired after a Chapter 7 bankruptcy filing are not part of the bankruptcy estate. This means that the bankruptcy court does not have jurisdiction over assets obtained post-bankruptcy, including lawsuit awards.

3. Statue of limitations: The statue of limitations for bankruptcy-related matters varies depending on the specific issue. However, given that your bankruptcy was discharged in 2013 and the personal injury lawsuit occurred over a decade later, it is unlikely that any statue of limitations would apply in this case.

It's important to note that while the bankruptcy court may not have a claim to your personal injury award, there could be other factors that might affect your ability to keep the full amount, such as legal fees, taxes, or other outstanding debts unrelated to the bankruptcy. If you have concerns, it is always best to consult with a bankruptcy attorney or a legal professional familiar with your specific situation for personalized advice.