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February 2017 Archives

Personal injury claim must be listed in bankruptcy as an asset

The general rule in a federal bankruptcy court in Florida and elsewhere is that the filer must list any personal injury claims as assets of the bankruptcy estate. The theory is that if there is money to collect from the bankrupt's injury claim, the bankruptcy trustee must take that money and pay creditors to the extent possible. The rule, however, runs into grey areas, and it may be difficult to determine in all instances whether the filer intentionally tried to hide an injury claim from the bankruptcy court.

Bankruptcy is an effective tool against rampant medical expenses

There is no relief in sight for Americans in Florida and elsewhere who are suffering under the pressure of uninsured medical expenses. With a very large degree of uncertainty at this point regarding the future of nationwide health care coverage, and based on prior problems not solved by the Affordable Care Act (ACA), there is plenty of debt being attributed to consumers who cannot afford to pay the often exorbitant costs for medical care. This debt spirals into credit card use and second mortgages, leading in some cases to bankruptcy filings to curb the runaway financial descent.

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