I'm drowning in CC debt and thinking of BK to get my life back on track. I was widowed suddenly in 2009 and struggled to keep up without my husband's income. First I did well and paid off cards but then had to use them again due to not working for a 1.5 yrs after his death along with other unexpected expenses. Fast forward to 2013 and I was involved in a car accident. I incurred close to 20k in medical bills and I'm now suing the insurance company since they are digging in their heals regarding payment. I've also gotten remarried and my husband has some debt too. I've already let some debt go as we were unable to keep making pymnts. I'm worried about filing Bk then receiving a settlement. How will those funds would be used? If the insurance pays I know it won't be a large payout, but I it would include lost wages and pain and suffering. If I file and don't get a settlement, will it be taken to pay off my debt? I was hoping to save some for future medical and start a savings acct.
If you file bankruptcy while the lawsuit is pending, the trustee in the bankruptcy case can settle the lawsuit. And if you file the bankruptcy, you MUST list the suit, or you will lose the funds completely.
Best to wait until after the settlement.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.