Does My Personal Injury Lawyer Still Get Paid if I File Bankruptcy While My Case is Pending?

Posted on January 28, 2011 by John Day

I have a personal injury case pending in state court in Tennessee. I just had to file bankruptcy.  I listed my personal injury case as an asset on my bankruptcy filing.  My bankruptcy lawyer says that the bankruptcy trustee will now control my case.  Will my personal injury lawyer still get paid?

Your personal injury lawyer will have to file a motion with the bankruptcy court asking for permission to continue to represent you in the state court action.  He or she will also have to seek permission to charge the fee (probably contingent fee) that you agreed to pay.  If the bankruptcy court approves these requests, the case will continue and if it is successful your lawyer will be paid.  Any settlement of the case will have to receive approval of the bankruptcy court.

Tags:
Trackbacks (0) Links to blogs that reference this article Trackback URL
http://www.tennesseeinjurylawcenter.com/admin/trackback/237311
Comments (0) Read through and enter the discussion with the form at the end
Post A Comment / Question Use this form to add a comment to this entry.







Remember personal info?
Send To A Friend Use this form to send this entry to a friend via email.





Ask A Question Case Evaluation
Twitter Facebook
About John A. Day

I am a fifty-three year old lawyer who is fascinated by the law of torts. I have studied the field for over twenty-nine years. I represent plaintiffs in personal injury and wrongful death cases.

Read More »