lawsuits

[Elle615]

It looks like family may be able to give us the first chunk of money we need to file bk. My husband has his second job interview for a decent job next week. So, we're looking at our options.

But I do have a few questions.... he got bit in the face by a large dog and he's suing the owner. He just signed papers for a lawyer the other week for that.

Would it be best to wait until we know if there is a settlement to file? (We're a Chap 7 No Assest case currently.) Would the trustee be likely to take the settlement if my husband gets one?

If we can get the funds together before he starts working again, what is generally the protocal? I'm thinking (and hoping) he'll be working before the trustee meeting... and we really need to prevent the garnishment from happening again.

Thank you!

[epiphany]

You are going to be asked, not only by the trustee but by your lawyer as well if you have any lawsuits pending and if you do, it will definitely delay the outcome of your BK.

If the lawsuit is successful, the trustee could absolutey claim the award.

It really would have been better, if the statute of limitations were not to run out, if you had waited to file suit until after a chapter 7 discharge.

You say you don't want the garnishments to happen "again"? Do you have judgements against you?

ep

[keepmine]

It really would have been better, if the statute of limitations were not to run out, if you had waited to file suit until after a chapter 7 discharge.

This won't do any good. If you have a cause of action that occured within 180 days of filing, that lawsuit is the property of the bk estate. Some states do allow you to exempt a portion of personal injury awards. You really need to disclose this to your bk attorney.

[AngelinaCatHub]

In any case, bk tolls lawsuits both at you and for you. 'Hub