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Should I disclose the car accident even though no lawsuit has been filed?

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    #1

    Should I disclose the car accident even though no lawsuit has been filed?

    Hello,

    I am representing myself in my chapter 7 bankruptcy because I can't afford a lawyer. I filed before the new laws took affect. I live in Ohio.

    I have a question about the car accident I was in a year ago. I am having a hard time figuring out whether I should disclose it on my bankruptcy forms.

    I was in a car accident. The lawyer is going to be paid on a contingency fee bases. He is still negotiating a settlement but no lawsuit has been filedI do not want to have to amend at all. I do not want to jeopardize my chance of having my bankruptcy discharged.

    And I certainly don't want any actions taken against me by the court. Please help me. I have to turn my schedules in soon. If anyone saw anything in the creditors meeting or has experienced this please share with me the information you have.

    Thank you.
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    #2
    of course you list it. there is no question about it.
    Im not an attorney or a trustee. You cant trust me either though!

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      #3
      Depending on what amount you're talking about, OH does allow an exemption for personal injuries payment up to $5000.

      If you don't list it, and the trustee asks (and he will likely ask if anyone owes you money or you expect to receive money) he will probably keep your case open and pursue the settlement. Listing it, and being honest about it, will be to your advantage.

      By the way-amending schedules is free. It is adding creditors that costs $$.
      Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

      Comment

        #4
        Originally posted by StaciMM
        Depending on what amount you're talking about, OH does allow an exemption for personal injuries payment up to $5000.

        If you don't list it, and the trustee asks (and he will likely ask if anyone owes you money or you expect to receive money) he will probably keep your case open and pursue the settlement. Listing it, and being honest about it, will be to your advantage.

        By the way-amending schedules is free. It is adding creditors that costs $$.

        I thought of this but I was not sure if I should do it or not. As for the fee I heard a clerk tell a woman she would have to amend her paper work because she forgot her matrix and some of the schedules. She told her it cost $26 dollars for her to amend per paper. The website for the court also states to amend schedules it cost $26 dollars per amendment. In certain cases they said they would waive the fee.

        Thanks for the advice it is better than what I was being told. I feel more comfortable doing this.

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