If you have been injured in a car accident or any other accident and have a personal injury case in Atlanta, Georgia, it may impact your Georgia bankruptcy filing. A personal injury case is considered an asset that is required to be disclosed in a Chapter 7 or Chapter 13 case in Georgia. Depending on when the accident happened, a personal injury case could be considered a bankruptcy asset in a Chapter 7 case that is subject to taking by the bankruptcy trustee. If the accident happened before you filed Chapter 7 bankruptcy, then the personal injury claim belongs to the trustee. A personal injury claim must always be disclosed if you are in an active Chapter 13 case.
If you have a personal injury claim in Georgia that must be disclosed as an asset in bankruptcy, you must:
1. Inform you Georgia personal injury attorney that you may file bankruptcy or that you have already filed bankruptcy;
2. Inform your bankruptcy attorney in Georgia that you have a potential personal injury claim;
3. Obtain court permission from the bankruptcy court to proceed with your personal injury claim and for your personal injury lawyer to be approved as counsel for you in the case.
If you have been injured and have a personal injury claim in Georgia and you also have a bankruptcy case in Georgia, you should speak to an attorney about the matters. It can be quite complex, and you do not want to lose your personal injury claim by failing to properly disclose it to the bankruptcy court. For more information, please call The Davis Injury Firm at 404-593-2620 for a consultation.
About the Author Betty Nguyen Davis is an Atlanta attorney who solely focuses her practice on plaintiff’s personal injury work. Betty is consistently recognized by her peers as a top attorney in Georgia by Super Lawyers and Georgia Trend and is highly recommended by her clients as a aggressive and persistent, yet caring and accessible attorney.