a pending personal injury lawsuit

[inovermyhead97]

I am filling chapter 7 because I have been off work for 4 months due to an injury, because I have not worked, I qualify for chapter 7 rather than 13 because the means test has my income below. I do have a lawsuit with the party that injured me but I am not back to work yet and it has not even gone to court and will probably be years before the claim is paid. My question...can they come back on me after I have discharged for the possible judgment? I appreciate any help. Thanks

[WoodSprite]

I am filling chapter 7 because I have been off work for 4 months due to an injury, because I have not worked, I qualify for chapter 7 rather than 13 because the means test has my income below. I do have a lawsuit with the party that injured me but I am not back to work yet and it has not even gone to court and will probably be years before the claim is paid. My question...can they come back on me after I have discharged for the possible judgment? I appreciate any help. Thanks

You may be skating on the edge, here...the trustee will ask you at your 341 if you are expecting any windfall, such as a new job, a bonus, an inheritance, or a payment from a lawsuit. If you hadn't yet filed your lawsuit, you might be able to honestly say no, but in this case, I don't know...

Do you have a BK attorney? Definitely a question for the pros.

Good luck to you!

[HHM]

The BK forms do ask you have any pending lawsuits. And lawsuits in which you are a plaintiff (which are essentially unliquidated claims) are a type of asset for BK purposes.