The Two Main Types of Consumer Bankruptcy
There are two types of individual consumer bankruptcy for filers to consider. In Chapter 7, the debtor petitions the court to discharge most non-secured debts. The second option is Chapter 13, which asks the court to reorganize the debt by discharging it, reducing it, or requiring the debtor to repay it.
In a Chapter 13 case, the debtor can usually keep most or all of the proceeds of a personal injury settlement. However, it depends on the amount of debt that must be repaid.
In Chapter 7 cases, because debts are discharged, a debtor must use exemptions to keep his or her property. Personal injury awards are no exception, as they become part of the bankruptcy estate.
The connection between personal injury cases and bankruptcy filing can be quite complex, and that’s why it is best to consult a lawyer who handles both types of cases.
Why Is It Important to Hire a Lawyer Who Handles Personal Injury and Bankruptcy Cases?
Bankruptcy exemption laws are much too complicated for the average debtor to understand. While it is a personal injury lawyer’s job to get the highest award possible for the client, if that person is considering bankruptcy, they should also hire a bankruptcy lawyer. Ideally, one should choose an attorney who focuses on both personal injury and bankruptcy cases. These attorneys can use their experiences to come up with creative solutions to a client’s problems, and they can ensure that the client can eliminate their debt and keep most of the personal injury award.
The effects of a personal injury can be lasting, and in many cases, victims are left in dire financial straits. However, with chapter seven bankruptcy at their side, clients can resolve their financial issues while keeping as much of their settlement as possible. Visit the website for additional information, or call today to schedule a no-obligation consultation with a local bankruptcy and personal injury attorney.
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