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Non-filing spouse personal injury proceeds = separate property?
This is not my understanding. I think you have to look at the details of what the personal injury proceeds are for. Hypothetical: If the award if $50,000, and $10,000 is for lost wages during marriage and $40,000 is for a permanently injured body part, I understand the rule to be $10,000 for the lost wages that occurred during marriage is CP, and the $40,000 for the injured body part is SP to the person with the injury. It is not as simple at saying all personal injuries are created equal and are CP.
Just my thoughts.
Desiree Causey, Esq.
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If the non-filing spouse of a Chapter 7 debtor has an entitlement to
proceeds for a personal injury (products liability) claim, is that a
community asset, or separate property? Someone told me it might be
separate property since it's "personal" in nature and not assignable.
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