Tennessee Injury Law Center
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.