This question has been eating away at me for quite some time and I hope to get some opinions. If someone was to file their BK and later sued someone in court (successfully), what is the timeframe in which the court could potentially take away that money? According to the BK paperwork and my Nolo 7 chp BK book, they both state that any lawsuits I was involved in *one year* prior to filing must be listed. After reading more of the laws/book, it states that up to 180 days *after filing* I must report to the court any property I have become entitled to/acquired. The 180 day rule applies to: -property inherited during the 180 day period -property from a marital settlement agreement/divorce decree that goes into effect during the 180 day period -death benefits/life insurance policy proceeds that become owed during 180 day period So if I have not filed a lawsuit but am considering it, must I list that on my papers? And if I don't list it, can I wait 180 days after filing the BK and then turn around and sue? Will that money be mine to keep? Any help is appreciated!
The question(s) you ask are very State specific. It depends on which rules your state follows. If you are considering filing a lawsuit or a party to one, the best advise one could receive is to talk to an attorney in your area on how to "structure" your pre-BK and post-BK assets. If you were to "aquire" considerable "assets" post-BK and the trustee were to learn of them, then you easily spend major $$'s trying to keep them.
Far from an expert on anything, but on the Statement of Financial Affairs, it will ask you something along the lines of whether you have any pending lawsuits, etc. If you answer yes, I suspect the Trustee would either leave the case open until something happened, or somehow make it so any monies would be reported to the Trustee. I haven't done a bk with a situation like this, although we did have one who received a settlement about a year before she filed. The Trustee asked what had happened to the money and it had all been spent on medical bills, and it did not end up being an issue. L
One other part of the time frame. Many states have a very short SOL to file a medical malpratice suit. SOme as little as 1 or 2 years. You need to find out what your state law is on that issue.
I'll make sure to find out the SOL before proceeding with my plan. If there are other attorneys on this board I would appreciate their opinions. Considering this is not a lawsuit that has been filed in court I feel I have nothing to worry about. Once the BK is over with, I will still have about 210 days to file before my SOL runs out.That is of course if the SOL here in Florida is 1 year. I assume it is. By waiting till the 181st day to file my lawsuit, I should be able to keep the damages. Considering that the operation was necessary but I do not trust the doctor, I made a very big mistake
SOL for medical in FL is 2 years. If you did not trust the Dr. why did you let him/her perform the procedure. Unless it was life or death????
In general, if you are expecting an inheritance or proceeds from a filed lawsuit, or accounts receivable etc. etc. tey must be named in your filing. However, if your expectations are inchoate, that is, requiring something else to happen before they can be realized, like your rich uncle (who has named you in his will) dying, or filing the lawsuit, or getting a publishing contract signed for your memoirs,then you do not list them, any more than you list the lottery ticket you purchased for next weeks drawing. Now,if during the time period prior to final discharge, the rich uncle dies,or you file the lawsuit,or get the contract, or win the lottery, then you have to notify the BK trustee.
At the time I went to him, he seemed honest and interested in my health. After seeing another doctor for the second opinion, I realized the original doctor had made false statements. Oh this doesn't look like it adds up does it? My mistake was to pay BEFORE getting the 2nd opinion. Besides, if this doctor is attempting to keep the money upon my request for a refund...what does that make him? I was wrong in chosing him but at the time I had no reason to mistrust. I will file my case and after the 180 days from filing date has passed, I will sue him in court. His practice is very strong and there have been no other complaints against him. Unless he declares BK or moves, I will just have to wait.
