QUESTION

Will bankruptcy affect potential settlement?

Asked on Mar 14th, 2015 on Bankruptcy - Ohio
More details to this question:
I had a bankruptcy that was discharged in September 2010. Class action law suit opened after bankruptcy was discharged.
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6 ANSWERS

That would be a no.
Answered on Aug 31st, 2015 at 8:32 PM

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That would be a no.
Answered on Aug 31st, 2015 at 8:32 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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You won't be paid a settlement unless you reopen your bankruptcy to disclose this asset. The party settling this matter will check for a bankruptcy filing by every member of the settlement class. Unless this asset is also exempt, the settlement money will go to paying your creditors, not to you.
Answered on Mar 17th, 2015 at 3:20 PM

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You are not providing enough information for a useful response. Did the class action claim arise before you filed the bankruptcy (even if it was not articulated until after you filed)? If so, then you should consult your lawyer, since it is likely that you will need to reopen the case and amend your statement of property and exemptions (Schedules B and C). Even if you do not formally reopen the case, you may well have a duty to notify your case Trustee. If the claim arose (i.e. if the injury or loss occurred) after you filed your bankruptcy case, then it is probably okay not to notify the Trustee. Again, consult your lawyer. Good Luck.
Answered on Mar 17th, 2015 at 3:15 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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I would have to know the details, was the potential cause of action listed in the possible assets. Did you know of the existence of the claim. Do not answer here, see an attorney.
Answered on Mar 17th, 2015 at 4:21 AM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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Usually, class action lawsuits result in little for the victims and millions for the lawyers. So, I wouldn't worry about it.
Answered on Mar 17th, 2015 at 4:20 AM

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