Personal -
In New York, Can I Bring a Lawsuit for
my Injuries and Keep all the Proceeds?
Q: If I recently declared bankruptcy, can I bring a lawsuit for my
injuries and then keep all the proceeds? My injuries have nothing to do
with my bankruptcy, right?
A: Wrong. When you declare bankruptcy, you are required by law to
list all your assets with the Court. If you even suspect that you might
have a potential lawsuit (malpractice or personal injury case) you must
list that as a potential asset. If you inadvertently neglect to put this
potential asset on your list, and you go to an attorney (and don't tell
him about your bankruptcy) who then starts your lawsuit, the defense has
an absolute right to get a Court order to dismiss your case. (They will
definitely learn about your bankruptcy sooner or later.) The reason is
simple. When you declare bankruptcy, your bankruptcy 'estate' is no
longer yours. A bankruptcy 'trustee' (a Court appointed lawyer)
supervises how your assets are distributed - with Court approval.
Once you have declared bankruptcy, you are no longer legally capable
of starting a lawsuit in your own name. The case must be started in the
name of the bankruptcy trustee who must then hire an outside lawyer
experienced in malpractice or personal injury to handle your matter. If
you are actually awarded money, either by a settlement or verdict, your
attorney will receive a fee, the bankruptcy trustee will receive a fee,
your creditors will be paid, and you will receive the remaining monies
(in most cases) if there is any left to be distributed.
IF YOU HAVE DECLARED BANKRUPTCY WITHIN 10 YEARS, YOU MUST LET YOUR
ATTORNEY KNOW THIS BEFORE YOU START ANY LAWSUIT.
Attorney Oginski has been in practice for over 16 years
as a trial lawyer practicing exclusively in the State of
New York. Having his own law firm, he is able to provide
the utmost in personalized, individualized attention to
each and every client. In our office, a client is not a
file number. Client's are always treated with the
respect they deserve and expect from a professional. Mr.
Oginski is always aware of every aspect of a client's
case from start to finish. Gerry represents injured
people in injury cases and medical malpractice matters
in Brooklyn, Queens, New York City, the Bronx, Staten
Island, Nassau and Suffolk Counties. You can reach him
at
http://www.oginski-law.com, or 516-487-8207. All
inquiries are free and totally confidential.
Article Source:
http://EzineArticles.com/?expert=Gerry_Oginski |
|
