Legal Question in Bankruptcy in New Jersey

If you win a settlement and the business you sue files for bankruptcy does that

I was badly injured on the property of a private business. The owner had no insurance at the time. They have an outstanding mortgage of close to 2 hundred thousand dollars. I sued and my settlement was awarded for 4 hundred thousand dollars. They didn't have liquid assets to pay for it so the building was going to be put up for sale through a sherrif's auction but a day before the auction the owner decides to file for bankruptcy. Will I ever get compensated or does the bankruptcy forfeit the lein? What happens next?


Asked on 9/29/04, 1:02 am

1 Answer from Attorneys
Alan Albin Alan S. Albin, Attorney at Law

Re: If you win a settlement and the business you sue files for bankruptcy does

I presume an attorney represented you in connection with your personal injury case. You should talk to your personal injury attorney immediately, as presumably, he/she will not be able to collect on the attorney's fee in that case until your settlement is paid out.

In general, a personal injury claim can be persued in the context of a pending bankruptcy case. You need to retain an attorney immediately, if your personal injury attorney is unable/unwilling to handle your bankruptcy work.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 9/29/04, 7:51 am


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