QUESTION

Bankruptcy chapter 7

Asked on Dec 20th, 2012 on Bankruptcy - Colorado
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I'm filing for chap 7, although have not filed for my court date yet. I recently, this month, settled my MVA. How will this money affect my filing? Can this money be taken and given to my creditors? or is it untouchable? I had the insurance agent write a letter stating the settlement is for pain and suffering. Does that make it untouchable?
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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I'm assuming "MVA" has something to do with personal injury.  Personal injury awards are often protected by exemption laws.  Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections.  Every state has different exemptions amounts available. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period.  You need to consult with a bankruptcy attorney in your area to see which state or federal exemption laws would apply in your case, and then whether they protect the award you are receiving. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  
Answered on Dec 20th, 2012 at 3:00 PM

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