Georgia  |  Bankruptcy

Legal Question

Asked on: 9/01/13, 2:43 pm

I filed Chapter 13 and it was approved May 2013. I have paid 8 months into the 36 month plan. I had an accident that resulted in being hospitalized with broken bones etc. I expect I will be receiving a personal injury settlement when I am released from the doctors care. I was told by my attorney that ALL of the settlement would go to the case even though the amount I had to pay back has been set. I owe 28 more payments to the plan. If I don't settle the P&I until the bankruptcy is discharged I understand that I will be able to keep the money. If I receive the settlement before the discharge but it is during the last year of payments can I legally NOT report the money until I do my taxes? In other words, in 16 months I begin the last year. If I settle my P&I in January 2015 and I make my last payment December 2015 and the Trustee discharges it anytime before April 15 (tax filing deadline) would I be safe to not tell my lawyer of the settlement because discharge should occur within 4 months after the last payment. I could even get an extention on filing my taxes should it take a little longer to discharge. Sixteen months is reasonable to hold off the settlement but twenty eight months is probably not.

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