How does bankruptcy affect my personal injury case?
Bankruptcy and personal injury cases can go hand in hand. When an individual is involved in a serious car accident, slip and fall accident, or another type of accident, he or she is often unable to work for a time or permanently. This can lead to financial devastation, which can lead to bankruptcy. This can happen even though the injured party is expected to receive significant compensation in a personal injury claim.
If you are contemplating filing for bankruptcy, and you have a pending personal injury claim, it’s critical that you speak with a bankruptcy attorney. In addition, you must disclose the personal injury claim in your bankruptcy filing – a failure to do so is a criminal offense.
In most cases, the injured individual should not file a Chapter 7 bankruptcy unless he or she is willing to entirely give up the claim entirely. In Chapter 7 bankruptcy cases, upon the filing of the case, the bankruptcy trustee becomes the representative of the creditors. The bankruptcy trustee then has complete authority to pursue litigation, including personal injury litigation, on behalf of the injured individual. Any settlement must be agreed to by the bankruptcy judge. The injured person cannot object to any settlement, unless he or she can convince the judge that the recovery should be larger in order to pay all of the creditors in full, with the extra payable to the injured individual.
If there is sufficient money from the personal injury settlement, creditors must be paid in full, even including unusual debts that normally would not be required to be paid. Unless there is a surplus of money, the injured party has no standing to participate in the settlement process or to object to the amount of the settlement. Also, the trustee normally does not have a big incentive to push for a maximum recovery.
Also, what can make a Chapter 7 bankruptcy an even worse decision for an injured individual who is expecting a settlement is the fact that when the Chapter 7 case is filed, only the outstanding debts at that time are dischargeable. If the injured party incurs additional medical expenses later, those are not dischargeable, and the injured individual is liable.
Normally, a Chapter 13 bankruptcy is a much better choice for a person who has a personal injury claim, but is either in collection or is being sued by creditors. The individual will be protected by the automatic stay that is a feature of bankruptcy. The debtor is allowed to choose their own counsel, and that counsel will be approved by the court to represent the interests of both the debtor and the bankruptcy estate.
Have you experienced a serious accident that you expect will result in a settlement, while at the same time being hounded by creditors? Don’t act quickly and file for bankruptcy without consulting with an attorney.
If you’re in the Atlanta area, call Atlanta bankruptcy attorneys at Holston & Huntley, LLC at 888-513-0004. We handle both personal injury cases and bankruptcy cases, and can help advise you on your options. We serve Metro Atlanta Georgia as well as Birmingham Alabama including surrounding areas.

Tierra Johnson
I just wanted to say thank you to the entire company,throughout my entire incident they worked fast and diligently.They always called,texted and or email me to keep me updated.They always showed great gratitude and always kept me informed. Everyone on this team is awesome.I will definitely recommend anyone here for your injury and/or bankruptcy needs.They will make sure you get the respect and the money you need. Thank you and the whole team.

Kim Smith
I would highly recommend Holston and Huntley. The staff in the office are very nice. Abena was a big help she is the best!! They are very helpful and get everything done in a timely manner. My experience with the firm was GREAT!

Meggine Simmons
Miss Abena is the best, they are working on my case now ,I just love them always kept it 100000000 and I feel like family

Rashad Plumpp
I had an excellent experience with Holston and Huntley. My case/medical expenses were treated with the upmost care and efficiency. I recommend anyone with any type of accident injury to visit Holston and Huntley. Abena Campbell was extremely helpful and made everything convenient and comprehendible about the my case. She was made everything easy as possible. I definitely recommend Ms.Campbell to take of you.

Carolyn Williams
You can count on Buddy and Abena they are awesome. Abena was wonderful, she showed concern for me through my case. Abena walked me through this process like she knew me a long time. I promise you I felt good knowing I was being guided by someone who really cared their staff is awesome. I give them a 10+. Thank you guys, Especially, Abena

Ryan white
My experience with Holston & Huntley attorneys was nothing short of excellent. I worked directly with Abena. She worked hard to get the settlement that I deserved. Continued to stay in contact and keep me updated throughout the long process. Would recommend and work with them again. Thanks Holston & Huntley!

Candice Mitchell
Attorney Huntley and his entire staff was instrumental in getting me everything I deserved. Their patience, kindness, and loyalty to fight for my needs at a critical time proves why they are such a fantastic firm. I would highly recommend them for any of your needs. I personally, will call Mr Huntley if I’m ever in another accident.

Mulobe Mulongo
I was never anxious despite being in this situation for the first time and all the credit goes to you and your firm because you care and know what you are doing.Thanks.

Laurie Jerome
I don’t usually leave reviews on anything but I thought I needed to share my experience with Holston & Huntley. It was great! Very quick and efficient. Buddy and his staff were awesome. I personally worked with Abena and she was always available to answer any question I had. I highly recommend this firm to anyone who needs a professional lawyer that would fight to get you the best settlement you deserve. I promise you won’t be disappointed!! Thank you, Buddy, Abena and staff for all of your help.

Naimah Williams
Holston & Huntley entire team was great to work with!!! Thank you so much
- Holston & Huntley LLC @HolstandHuntLLC After an auto accident, every second counts. That’s why we offer a free consultation to discuss your case and provide expert legal advice. Let us help you get the justice you deserve. Contact Holston & Huntley today! #freeconsultation #autoaccident #lawfirm https://t.co/4A82mSk9toHolston & Huntley LLC @HolstandHuntLLC Don’t let insurance companies take advantage of you after an auto accident. We’ll fight for your rights and ensure you receive fair compensation. Trust the experienced attorneys at Holston & Huntley. #legalhelp #autoaccident #lawfirm #holstonandhuntley #mybuddylaw https://t.co/WtMLaTh8pAHolston & Huntley LLC @HolstandHuntLLC At Holston & Huntley, we understand the stress and uncertainty that comes with an auto accident. Let us take care of the legal process while you focus on recovery. Contact us today! #legalrepresentation #autoaccident #lawfirm #holstonandhuntley #mybuddylaw #mylawyerismybuddy https://t.co/eScivgs2sN