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Bankruptcy - In New York, Can I Bring a Lawsuit for my Injuries and Keep all the Proceeds? By Gerry OginskiRead about Bankruptcy on erreur404.info. This article about "Bankruptcy - In New York, Can I Bring a Lawsuit for my Injuries and Keep all the Proceeds? By Gerry Oginski" will help you with the Bankruptcy. erreur404.info specializes in Bankruptcy. As part of Bankruptcy your website, you also need to be aware of all everything out there so we are provideing these articles for you as reference. 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 bankrupcty, 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 inadvertantly 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 expereienced 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 bankrupcty 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. Bring Back A Lost Love! - Bring back the Love of your life, no matter how hopeless your situation appears. Ends loneliness, ensures happiness! Guaranteed Bad Credit Financing. - Receive a loan or credit card even with bankruptcy! 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, Nas Article Index: | 1 | 2 | 3 |
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OTHER ARTICLES Payday Loans or Cash Advance Loans - Useful After a Bankruptcy By Carrie Reeder Payday loans, also known as cash advance, are a useful tool after bankruptcy. By keeping current on your bills through a payday loan, you can rebuild your credit history. The key is to only use these cash advances for emergencies.Using Payday LoansFaced with a financial emergency, it is better to apply for a cash advance than skip a bill payment for two reasons. First, after bankruptcy the best thing you can do to rebuild credit is to pay your bills on time. If you are 30 days past due or long… Bankruptcy Law and How to Get Your Credit Back By Finn Jensen Personal Bankruptcy what is it? Personal Bankruptcy is legal procedures that enables a debtor to for the time being or lastingly avoid paying some of their personal debt unpaid. The US Congress enacted the existing bankruptcy code in 1978, and newly amended it in the spring of 2005.The objective of the legislation is to give relief and structure to those people of society who have gotten themselves so deep into debt they can not possibly pay back. Currently there are 2 forms of bankruptcy that… Debt Settlement Vs Bankruptcy By Alan Barnes With today's economic difficulties, consumer debt is at an all-time high. As American's continue to struggle with debt, record numbers of consumers—nearly 1.6 million in 2003—are filing for bankruptcy. Whether you’re financial situation is the result of an illness, unemployment, divorce, or simply overspending, it can often seem overwhelming. If debt has gotten the better of you, try debt settlement before going the bankruptcy route.Debt settlement can help consumers improve their financial si… GM Bankruptcy? By Lance Winslow If General Motors were to file bankruptcy, it could change the world or would it? Yes a GM bankruptcy filing would change the world. Right now with all the over regulation it is amazing that any company can make money these days. I guarantee such a move would change the world. It would definitely wake up the Unions and the governments over regulation on our economic engine. In fact sometimes it seems we do everything to hold down our economy from screaming forward.With all the over regulations… New Bankruptcy Law – Five Essential Things to Know By Charles Essmeier Last April, Congress passed the Bankruptcy Abuse and Consumer Protection Act, the most sweeping reform of our nation’s bankruptcy laws in more than twenty-five years. Proponents of the bill argue that most consumers who file for bankruptcy do so simply because they do not wish to pay their bills. That is an arguable point, as studies show that most bankruptcy filers have suffered illness, injury or job loss. Regardless of the reasons, Congress has made the changes, and millions of Americans… |
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