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Insurance Settlement After Filing?

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    Insurance Settlement After Filing?

    Okay here's my situation. A year ago I was in a car wreck (not my fault). I was under the impression it was settled with the other drivers insurance company. They paid for the car, asked for medical bills, and I ended up getting about $2000. I thought that was it. No one else ever contacted me about it and I'm dumb enough to not follow up.

    Then a few months later I lost my job and ended up having to file chapter 7 in August. I am not discharged yet. All of my assets (new car, furniture) were taken back.

    So we go back 2 weeks ago and I get a call from the insurance company telling me that I'm about to run out of time to settle my injury claim and that I need to give them any new info. I'm shocked, but go ahead and get a letter from my doctor and medical records. I send it to them and they offer me $10,000 and of course, I take it. I've yet to receive the check and I've told my lawyer about it and they haven't told me anything yet. Basically I'm worried about them taking this money from me because I'm still in the bankruptcy. I can't find any information online about it and my lawyer won't tell me anything. I honestly didn't know I was going to get anymore money. If I did I would have never filed.

    Does anyone know what would happen in this type of situation? I'm just extremely paranoid right now because I have family telling me they're going to take the money and no one can give me any answers.

    #2
    I take it already had your 341? I think that you should call your attorney back and demand an answer as to what you should do about the money.

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      #3
      Yes (Oct 2nd). I've called my attorney several times today and haven't been told anything helpful at all. And I highly doubt I will hear anything from him over the weekend. This is going to drive me insane.

      Edit: I don't if this type of situation differs from state to state, but if it helps I live in TN.
      Last edited by twnty7; 11-07-2008, 05:48 PM.

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        #4
        It depends on where you live. I am in PA i could exempt take much between DW and I. take a look at you wild cards.
        Chapter 7 07/30/2008
        341 09/17/2008
        Discharge 11/21/2008

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