My wife and I were involved in a car accident in 12/04. I am currently in a chapter 13. We have a settlement pending, for medicle bills past and future plus pain and suffering. Will the court take this money? We really do need it for emergency's plus are future medical payments
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Now that's interesting
Originally posted by jeff6898
I have to admit, I am VERY curious about how this will be handled by the trustee...Sure, they'll want some of it, but then again, maybe only the "Missing portion" that was supposed to be paid out of your pocket.
I'd surely hope that they'd be decent and allow medical/repair/pain payments and such. But in worst case? Expect them to take 25% (Just a guess, don't know what'll happen)
Keep us informed -
i can't wait to find out either. why do i get the feeling that they will take it all if you file a chapt 7 and make the payments that much bigger if you file a chap 13 regardless of needed medical attention. make sure you list every medical thing you may need in the future so its paid for.
good luck and let us know.Im not an attorney or a trustee. You cant trust me either though!
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well its not looking good talking to my atorney today he said any settlement I get will have to go the the trustee. This really stinks I got all these medical bills due to soneone else causing the accident and the money I get to pay them and for our pain and suffering all goes to the trustee. Guess I better just quit getting treatment before I run more bills I won't be able to pay.Comment
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thats terrible! im so sorry to hear that
call 5 other attorneys and ask them what they could do for you.Im not an attorney or a trustee. You cant trust me either though!
[x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
[x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
[x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
[x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!
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In your settlement, I hope you put in the clause that they pay for all future medical bills......
Sounds like you agreed to a lump sum settlement and they will no longer be responsible or medical payments.
Yes, I've heard they treat settlements the same as an inheritance.... big difference there, in my book.
Keep us posted
MinnyMinny
"It's amazing the paths that our feet sometimes follow in life".
My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.Comment
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