Bankruptcy estates and personal injury claims

Posted Saturday, April 23, 2011 by Ed Harper

When Bankruptcy claims are filed, Federal jurisdiction arises over the estate, so the trustee appointed to manage your estate takes control over all aspects of your assets and liabilities. The state you live in is not as important for bankruptcy issues as Federal Law applies. However, you should contact a an attorney to discuss the ramifications of filing either Chapter 7, 11 or 13 and the date your bankruptcy was filed and then subsequently closed, and how this affects the potential viability of being able to bring a personal injury claim.

If the bankruptcy claim is still open at the time a collision occurs and an injury arises, the trustee may obtain control of the claim. However, if the bankruptcy was closed and you were in a collision after this date allows you to retain control of the personal injury claim.

Contact Harper Law PLLC to discuss your personal injury or insurance claims.

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