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If you have been injured in an accident and are pursuing a personally injury claim, you may want to be aware how filing for bankruptcy can negatively affect you case. When you file for Bankruptcy in Arizona, you give up control of your personal injury lawsuit. In a chapter 7, the Trustee’s job is to take all non-exempt property, turn it into cash, and distribute that cash to your creditors. In a Chapter 13, the proceeds of any settlement or judgment are used to fund your Chapter 13 plan. Essentially, the right to collect money is out of your control until the trustee gives up the property. If the trustee determines that the case has value in excess of the exemption, they may want to administer the personal injury claim as an asset of the bankruptcy estate. On the other hand, if the Trustee finds the claim to be of inconsequential value, they may decide to abandon their interest in the cause of action.
In cases which you are being sued, so long as the debt is dischargeable, your personal obligation to repay the debt will be discharged in bankruptcy. Also, the lawsuit has to stop while you are in bankruptcy unless the other side gets relief from the automatic stay. Even if a default judgment has already been entered, by filing bankruptcy you can avoid the judgment and eliminate the underlying debt. The personal injury case will presume once the bankruptcy case is over. Note, bankruptcy does no stop any type of criminal proceedings.
Make sure to disclose to your bankruptcy lawyer that you have a lawsuit pending. The lawyer will be able to put a strategy together to handle the situation. If you fail to disclose the lawsuit, you could lose the right to begin or continue the action.
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Our Locations
- Phoenix Office – New Wright Law Offices 2999 N. 44th St., Ste 600 Phoenix AZ 85018 Telephone: 602-456-6085 / 866-703-3287 Phoenix Law Office
- Phoenix Office – Old Wright Law Offices 668 N. 44th St., Ste 320 Phoenix AZ 85008 Telephone: 602-456-6085 / 866-703-3287 Phoenix Law Office
- Scottsdale Office Wright Law Offices 7135 East Camelback Road, Ste 230 Scottsdale AZ 85251 Telephone: 480-845-0145 / 866-703-3287 Scottsdale Law Office
- Tempe Office Wright Law Offices 2238 S. McClintock Dr. Tempe AZ 85258 Telephone: 480-845-0145 / 866-703-3287 Tempe Law Office
- Avondale Office Wright Law Offices 12725 W Indian School Rd, Suite E-101 Avondale AZ 85392 Telephone: 623-258-4480 / 866-703-3287 Avondale Law Office
- Mesa Office Wright Law Offices 4856 E. Baseline Rd. Suite #104 Mesa, AZ 85206 Telephone: 480-845-0145 / 866-703-3287 Mesa Law Office
- Glendale Office Wright Law Offices 20325 N. 51st Ave., Suite 134 Glendale, AZ 85308 Telephone: 623-258-4480 / 866-703-3287 Glendale Law Office
What our clients are saying…
Mr. Wright and his staff were amazing. They made a negative situation a lot better and turned it into a positive. Could really tell they care helping people and I will refer their Phoenix Bankruptcy Attorney firm to friends and family. Thanks again.
I called around looking for the right bankruptcy lawyer and came across Benjamin Wright. He personally called me for the consultation seeing how I live in Kingman AZ. He was very helpful from the start and his staff was very friendly and explained any questions I had, sorry for all the questions. I would definitely recommend Wright law offices, and I do!! Thanks for everything, you made what seemed like a hard thing to do simple!! You guys rock!!!
Great lawyer, he really helped my mother out of a jam. She was totally new to bankruptcy and he talked with us for about an hour and a half to make sure she wouldn’t be worried.
Ben is a kind and down to earth attorney. He worked around my busy schedule as a single mom (school, full-time job, and daycare pick up and drop off times). He explained absolutely everything to me and was good about e-mailing. I am writing this review as a THANK YOU.
I had a very positive experience with Attorney Wright. He or his staff returned my e-mails and calls promptly (even after business hours occasionally). His fees were reasonable. He was patient with me when I showed up in court missing an important document. He is aggressive, but fair and nice.