Can I receive a settlement while in a Chapter 13 bankruptcy?
I am currently in a Chapter 13 bankruptcy, but might get awarded a settlement. Will I be able to receive this settlement or will it go to the bankruptcy trustee?
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Call your attorney.
If this is an exempt asset or one obtained completely after filing of your case (ie injured after case filing) you should be able to keep it.
If this is not an exempt asset, and one that was not listed on your original petition, you may need to ammend.
For example, if you are in a 10% plan because you had no assets. Yet this is a $100k injury settlement that should have lead to you being in a 100% plan. Lucy got some ‘esplainin’ to do.
Traditionally this wouldn’t happen but this isn’t saying it couldn’t. The best way to know for sure is to contact the trustee’s lawyer and find out exactly. Hopefully it works out in your favor and I hope this helps!