| Q: If I recently declared bankruptcy, can I bring a | | | | 'trustee' (a Court appointed lawyer) supervises how |
| lawsuit for my injuries and then keep all the | | | | your assets are distributed - with Court approval. |
| proceeds? My injuries have nothing to do with my | | | | Once you have declared bankruptcy, you are no |
| bankruptcy, right? | | | | longer legally capable of starting a lawsuit in your own |
| A: Wrong. When you declare bankruptcy, you are | | | | name. The case must be started in the name of the |
| required by law to list all your assets with the Court. | | | | bankruptcy trustee who must then hire an outside |
| If you even suspect that you might have a potential | | | | lawyer experienced in malpractice or personal injury |
| lawsuit (malpractice or personal injury case) you must | | | | to handle your matter. If you are actually awarded |
| list that as a potential asset. If you inadvertently | | | | money, either by a settlement or verdict, your |
| neglect to put this potential asset on your list, and | | | | attorney will receive a fee, the bankruptcy trustee |
| you go to an attorney (and don't tell him about your | | | | will receive a fee, your creditors will be paid, and you |
| bankruptcy) who then starts your lawsuit, the | | | | will receive the remaining monies (in most cases) if |
| defense has an absolute right to get a Court order | | | | there is any left to be distributed. |
| to dismiss your case. (They will definitely learn about | | | | IF YOU HAVE DECLARED BANKRUPTCY WITHIN 10 |
| your bankruptcy sooner or later.) The reason is | | | | YEARS, YOU MUST LET YOUR ATTORNEY KNOW |
| simple. When you declare bankruptcy, your | | | | THIS BEFORE YOU START ANY LAWSUIT. |
| bankruptcy 'estate' is no longer yours. A bankruptcy | | | | |