Can the trustee take any of the settlement I will receive? 5 Answers as of August 22, 2016

I started out filing chapter 13 converted to chapter 7 and have been discharged. During the chapter 7 hearing, I told the trustee I was injured at work during the chapter 13 and was awaiting settlement.

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Ronald K. Nims LLC | Ronald K. Nims
No, the trustee can't take your workers compensation benefit. First, most states provide an exemption for workers compensation. Second, the trustee can only take assets that you had on your filing date. Even though you were in a Chapter 13 then converted to a Chapter 7, the original filing date is still in effect.
Answer Applies to: Ohio
Replied: 8/22/2016
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
In all likelihood, the settlement proceeds are part of the bankruptcy estate. If you can exempt part of these proceeds under the 'wild card' or under the personal injury exemptions (or your State's equivalent) then you can protect quite a lot of money.
Answer Applies to: Wisconsin
Replied: 8/15/2016
Law Office of Michael Johnson
Law Office of Michael Johnson | Michael Johnson
If work comp claim may be exempt.
Answer Applies to: Florida
Replied: 8/11/2016
A Fresh Start
A Fresh Start | Dorothy G Bunce
In order to keep property rights, you needed to list this claim on Schedule A/B and exempt it on Schedule C. Workers compensation benefits are completely exempt if you are eligible for the Nevada exemptions. However, if you fail to complete the proper paperwork, your bankruptcy trustee will gladly take every dime of your workers compensation settlement. That is how bankruptcy works.
Answer Applies to: Nevada
Replied: 8/11/2016
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
That depends. You need to see local counsel. I have no idea what state you are in and I am only licensed in California.
Answer Applies to: California
Replied: 8/10/2016
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