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Posted Nov 14th, 2011
how can i keep my money form a per injury award i have been in my ch13 now for 2/1/2 yrs was in a
bad car acc and was awarded 50,000 for my injury

Additional Details:
my base payment is 18,000 whats is left to pay would have been 3,000 is there anything i can do to
pay that off and keep the rest of the money
Legal Topic Area: Bankruptcy in NY

The the fact you have been awarded $50,000 is substantial change in your financial situation and must be reported to the bankruptcy trustee in a chapter 13 bankruptcy filing. If your state does not allow the personal injury award money to be categorized as an exemption, this may either be used to pay off your debt or at the very least to modify your payment plan, as you now have more disposable income than when you first develop the plan in a chapter 13 bankruptcy.


I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.

Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.

Joseph F. Botelho, Esq.

BOTELHO & ASSOCIATES, LLC
Attorneys At Law

www.massachusettslawyeronline.com


126 Shove Street
Unit 202
Fall River, MA 02724

Office: 888-269-0688
Cell: 508-801-6747
FAX: 877-475-8147

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Answered on Feb 8th, 2012 at 1:44pm