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Ch 7 discharged and closed 6/2019 personal injury award

Discussion in 'Bankruptcy Law' started by egehl, Mar 29, 2021.

  1. egehl

    egehl Law Topic Starter New Member

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    Jurisdiction:
    Iowa
    My Ch 7 was discharged in 2019 and closed 6/2019, I have a personal injury case (MDL) that has come to conclusion and an award of compensation be made the second half of 2021.

    Will the Ch 7 affect the award once finalized. This personal injury case was included in Ch 7 filing.
     
  2. zddoodah

    zddoodah Well-Known Member

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    Since we know nothing about your BK case or your personal injury case (including what "MDL" stands for - I could guess but I'd rather not), there's is no way for anyone here to address your question intelligently.
     
  3. despritfreya

    despritfreya Active Member

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    If you fully disclosed as an asset that you were part of this Multi District Litigation - I assume a class action lawsuit - and your Chapter 7 trustee closed the case without administering the asset, the asset was abandoned and should now belong to you.

    It is possible that the administrator of the class action settlement fund is in the process of determining if any of the members of the class had filed bk. The administrator may independently contact the trustee for guidance.

    Since there is no way for us to know exactly how you described this asset on Schedule A/B or what your Trustee has done about the asset, you need to discuss this with your bk attorney. If you did not have an attny, please find one to go over this issue.

    Des.
     
    army judge likes this.
  4. flyingron

    flyingron Well-Known Member

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    MDL is probably Multi-District Litigation, not that it matters other than explaining why his case took a long time. if the injury post-dates the bankruptcy filing, then it's not going to be affected. If you filed the lawsuit prior to the discharge, you should have already disclosed it and it should have been dealt with during the bankrutcy. Obviously you have two lawyers (at least) involved., why not ask them?
     
    army judge likes this.

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