Personal Injury Action While Contemplating Bankruptcy


A discussion of the issues that arise when your client is either about to file a personal injury action, has filed a personal injury action, or recently settled a personal injury action and is contemplating bankruptcy. The discussion will include choice of exemption issues, timing issues, who controls pending litigation and the retention of a personal injury attorney post-bankruptcy filing
Minnesota Continuing Legal Education (“CLE”) and the bankruptcy section of the Minnesota State Bar Association (“MSBA”) present, The 2014 Bankruptcy Institute. Click the link or the picture to view the schedule (.pdf):

Personal Injury Exemptions
Click to download Personal Injury Exemptions Document (portable document format .pdf, 695 kB)

  1. Prepetition Concerns
    1. Need for disclosure
    2. What is property of estate?
    3. Due diligence/choice of exemption/how to schedule
  2. Federal Exemptions
    1. Statutory framework
    2. Personal injury cases
    3. Worker’s compensation
    4. Lost wages/other issues
  3. Minnesota Exemptions
    1. Minnesota Statute § 550.37 (subd. 22)
    2. Structured settlements/proceeds not exempt under state law
    3. Worker’s compensation
  4. Post-Filing/Estate Administrative


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