can i file bankruptcy before my work comp settles

If you have resided in Georgia for more than two years, it is likely that you could file a bankruptcy case and protect your workers compensation benefits.  The Georgia bankruptcy exemptions are found in Section 44-13-100 of the Georgia Code.  There is an exemption for payment on account of personal injury of up to $10,000.  There is also an exemption for payment in compensation for loss of future earnings to the extent reasonably necessary for the support of the debtor and his/her dependents.  So, in most cases the combination of these exemptions will fully protect a workers compensation settlement in a bankruptcy case.  If you have not resided in Georgia for more than two years, you may be required to use another State's exemption code, which could be less generous in protecting your settlement funds. In either case, it is critical that you get personal and specific advice from a bankruptcy specialist before filing a case. Lee Morgan is an attorney in Athens Georgia with more than 30 years experience in bankruptcy, Social Security Disability, and workers compensation.  He offers a free initial consultation in consumer bankruptcy matters.  Call (706)548-7070.

That depends on what exemptions you have available to you under applicable state or federal law when you file your case. 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 for more details. 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.