Legal Question in Bankruptcy in Georgia

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?

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

1 Answer from Attorneys

Robert Gardner Hicks, Massey & Gardner, LLP

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.

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Answered on 6/26/13, 6:19 am

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