exempt?

[stopcallingus]

So does anyone know if money gained in a wrongful death lawsuit would be expemt or not in a 13?

[woeisme]

check your state exemptions. it probably varies from state to state like the rest of the exemptions.

[woeisme]

I looked it up for my state, Ohio, and it is listed in the OH CH 13 BK code exemptions, but may not cover all wrongful death benefits, as it reads:

" A payment on account of the wrongful death of an individual of whom the person was a dependent on the date of the individual's death, to the extent reasonably necessary for the support of the person and any of the person's dependents;"

so I take it to mean that some wrongful death payments are exempt, but would all depend on whether the amount was "reasonably necessary for the support of the person" or dependents and whether or not you were dependent upon the person who was wrongfully killed for support.

Your state may be different, and if you recieve such an award, you'd need to contact your lawyer to see what part is or is not exempt.

[stopcallingus]

ok, thanks. I was not a dependent of the person. They were a dependent of mine. It was filed over a year ago. Nothing happened yet, could be a while as it is very complicated.