Georgia  |  Bankruptcy

Legal Question

Asked on: 6/25/13, 5:52 pm

Injured on the job AFTER we filed chapter 13 in Georgia, if there is a workman's comp settlement can the trustee take the settlement?

1 Answer

Answered on: 6/26/13, 6:19 am by Robert Gardner

Yes, they can. While you are in a chapter 13 case, any projected disposable income received during the commitment period is subject to being considered money to be paid to unsecured creditors during your case. If you have a Worker's Comp attorney, you need to make sure both they and your bankruptcy attorney know about each other, and that an application to employ the comp attorney is filed and approved with the bankruptcy court. The same is true for any attempt to settle the worker's comp case. There are ways to minimize how much of the settlement would go to the trustee, so make sure both attorneys are communicating to make this happen.

Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.

Hicks, Massey & Gardner, LLP 53 W. Candler Street Winder, GA 30680

Other answers from this attorney

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

115 Answers given in the last few hours.

8662 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search