Legal Question in Bankruptcy in Massachusetts

My personal injury case will be settling in 2-3 months. I live in Massachusetts and I am on a note for a house with my daughter-in-law and she needs to file bankruptcy in order to keep the house so as I am also on the title I will have to file bankruptcy. My question is will they take my settlement money if I file for bankruptcy?


Asked on 5/16/11, 12:12 pm

2 Answer from Attorneys

L. Jed Berliner Berliner Law Firm

If your daughter-in-law will continue to pay the mortgage note, and if you have no other debts requiring your own bankruptcy, then the simple facts of you having co-signed the mortgage note and that your daughter-in-law is filing for bankruptcy protections does not mean that you have to.

If there is an unstated reason for your own need of bankruptcy protections, then you'll need to consult with an attorney about the amount of the settlement and any other assets you have. A bankruptcy filer is allowed to keep some assets.

The expectation of a settlement in a few months does not affect your ownership of this asset today. In fact, you had this asset of a personal injury claim the moment you were injured. The absence of a set amount has nothing to do with your ownership of the asset, it just means that you don't know the value of what you already own.

Read more
Answered on 5/16/11, 12:43 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in Massachusetts