Legal Question in Bankruptcy in New Jersey

Discharged bankruptcy being reopened after being awarded personal injury settlem

Can a discharged bankruptcy be re-opened because I received a settlement award from a personal injury accident? The discharge paper says that a creditor may not seek compensation. My bankruptcy attorney is re-opening the matter and the settlement check had to go into a trust account by the board of Trustees. My personal injury attorney is being hired as co-counsel and I'm wondering how much more in attorney fees I will be paying for all of this. Is this standard procedure? I did not hide the pending settlement when I filed for the bankruptcy. I filed in 2001, received discharge in early 2002. The settlement was just awarded in April 2004. It was for $100,000 minus 331/3% contigency fee to personal injury attorney. Please advise


Asked on 8/27/04, 7:23 pm

1 Answer from Attorneys

Rafael Gomez Rafael Gomez, Attorney at Law, P.C.

Re: Discharged bankruptcy being reopened after being awarded personal injury set

The short answer is yes. There is nothing unethical going on here. Your bankruptcy attorney was obligated to re-open the case by the court.

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Answered on 8/29/04, 4:46 pm


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