When you are involved in a car accident and a need to make a personal injury claim in Atlanta, Georgia, you have to consider how your bankruptcy case can impact the personal injury case.
The first thing you need to do is inform your Georgia personal injury lawyer that you are either a debtor in a pending bankruptcy case or you are considering filing bankruptcy in Georgia. Obtaining a personal injury settlement in Georgia is complex when you also have a pending bankruptcy matter.
If you are already in an active bankruptcy case, your Atlanta personal injury attorney and your Atlanta bankruptcy attorney need to collaborate to make sure your claim is preserved. If you are in a Chapter 7 case, any money that you may obtain from a personal injury lawsuit may be an asset that is subject to liquidation by the bankruptcy trustee. Thus, you must be very careful about settling the claim and disbursing the funds, and your personal injury attorney must seek court permission to represent you in the claim for your injuries. If you are in a Chapter 13 case, the money you obtain from a personal injury settlement in Georgia could be considered disposable income and also may be required to be paid to the creditors in your case. Similarly, your personal injury attorney must obtain court permission to represent you.