Legal Question in Bankruptcy in Massachusetts

Re: Lawsuit & Bankruptcy

Because you say you already filed Ch 7, you need to make sure that your attorney declared the correct exemptions that Attorney Ravosa described in a prior response. If your attorney incorrectly disclosed the details of the car accident claim, you may not be able to keep any of it.

Feel free to contact me for further info.

Re: Lawsuit & Bankruptcy

It all depends on whether you are taking the federal exemptions below:

522(d)(11)(D) - Personal injury recovery up to $20,200 except for pain and suffering or for pecuniary loss.

522(d)(5) - $1,075 of any property, and unused portion of homestead up to $10,125.

If you own a home and have a lot of equity in your house then it may be in your best interest to take the state exemptions and protect your equity.

You also need to look at what your net proceeds will be from your case. Your personal injury attorney should be able to give you an estimate of what your case is worth and what the net proceeds are expected to be after paying the legal fee/costs/medical bills and etc.