341 Meeting in 2 weeks & need info on Personal Injury Settlement I will be receiving

[Asugirl]

Hello All!
I'm a current full time school with about $30,000 in unsecured debt (on top of that close to $30,000 also in student loans) and a house that is going into foreclosure($215,000 in a 1st and 2nd). I was involved in an auto accident in May of this year where the car I was in was totalled. I filed for bankruptcy in July because I could not go to work due to injuries and could not keep up with the credit card payments and house payments. I receive a monthly check because I am a student, from the government which I use to keep up with the basic needs.
My question is, will the court take any settlement money that I would receive from the accident and give it to my creditors? Or will I be able to keep a portion of the settlement?
If the court will give the money to my creditors would it make sense for me to file or just wait for the settlement (which I have been told I could be receiving in 2 months) and pay them with whatever amount I might get and take on the rest of the debt so I don't have a bankruptcy on my report. Or in worst case senerio file for bankruptcy after receving the settlement if it wasn't as anticipated?
I am able to move around with less pain after the therapy I have been through and I will be looking for employment on Monday in booming Phoenix, in hopes to save for a place to stay once they take my home which will happen either way.
Please let me know any advice you may have for me. Thank you.

[familyof7]

It depends on how much you are getting. Did you use an attorney?

[SinkingFast]

I'm confused.

Your title says "341 in 2 weeks" but then you ask about waiting until after you receive your Settlement to file BK.

Either way,............ Arizona does not have any Exemptions to cover Injury/Accident Claims/Settlements.

Health, accident, or disability benefits. All money, proceeds or benefits of any kind to be paid in a lump sum or to be rendered on a periodic or installment basis to the insured or any beneficiary under any policy of health, accident or disability insurance or any similar plan or program of benefits in use by any employer, except for premiums payable on such policy or debt of the insured secured by a pledge, and except for collection of any debt or obligation for which the insured or beneficiary has been paid under the plan or policy and except for payment of amounts ordered for support of a person from proceeds and benefits furnished in lieu of earnings which would have been subject to such order and subject to any exemption applicable to earnings so replaced. Exclusion applies.

http://doney.net/ex-az.htm

If this were a work related claim, then it looks like it would be Exempt. But there are no other Exemptions for AZ regarding health, accident, or disability benefits.

Definitely confirm that with several BK attnys in your area.

[justrock]

If you have a lawyer handling your PI claim you should discuss with him. He may be able to get your creditors to put a lien on the lawsuit and they will leave you alone until your PI case is settled, and the lawyer will pay them before he pays you. If your PI lawsuit is pending it is an asset that belongs to the bankruptcy trustee and your PI lawyer has to be appointed as special counsel by the bankrupcy court in order to keep your PI case moving. Otherwise your PI case is stayed by the bankruptcy along with everything else.

[familyof7]

Did you file your bankruptcy with an attorney? Or pro se? If you have an attorney call them asap