Can a injury settlement be taken by creditors, if you have filed bankruptcy?
Posted by MarkSep 10
My father filed bankruptcy about a year ago (due to becoming disabled, very very sick), within the last week he has received a check for a radiation claim that stems from sickness at a employer over 20 years ago, can his money be taken by his lawyer to pay off his creditors?
He filed chapter 13. No the claim was not pending until after he filed. He was not aware he was entiled to the money. I found out that he was entilted to it after i done research. It is a radiation compensation claim from an employer that set aside so much money for former employees. He really did not think he would get any money. The problem is he is leaving for Portland Oregon in a week for a liver transplant. He really needs this cash to pay bills while he is gone and his wife is out of work for the next 3-6 months.
Related Structured Settlement Blogs
- Chapter 13 Bankruptcy: Repay Your Debts : : Finance Company
- » Blog Archive » Are Your Creditors “Facebook Stalking” You?
- Beaumont Hospitals Launches New Liver Transplant Program: Alan J. Koffron, M.D., director of multi-organ transplantation | Medical Education Watch
- Bad credit unsecured loans – there are creditors sub-prime lending market in UK | Quick Cash Loans Lowest Price
- Personal Injury Accident Compensation Claims
| Liberty County and Georgia District Law
Incoming search terms:
- Alan J Koffron
- how safe is money in the bank from credoters



You do not say what type of bankruptcy and whether it was discharged or not. The simple answer is this, the claim was pending when the bankruptcy was filed so it should have been listed as a contingent asset in the bankruptcy. If the trustee learns of the settlement, he can take the proceeds to pay off creditors. If there is a pending estate, the lawyer may want to go back and notify the bankruptcy court and ask that the proceeds of the settlement be disbursed to the estate. That way there would never be a problem in the future.
No,they can’t take it.But,if the money sits in a bank account they can.Get a home safe and empty the account out.