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BK and Insurance Claim
Go to BK court website at www.cacb.uscourts.gov and go to Forms section and then Local BK Rules & Formssubsection. Look under form F4001-1M.NA (RFS (Non-BK action). That is the form to use and mark appropriate boxes and fill in info. re: PI case and insurance follow process to file and serve (remember to serve the Chapter 7 Trustee, Defense counsel and debtor and their attorney along with all creditors), set hearing etc. Should be a slam dunk.
David J. Workman
Attorney At Law
CALIFORNIA BANK & TRUST BLDG.
21515 Hawthorne Blvd., Suite 1150
Torrance, CA 90503
(310) 543-1151 (Tel)
(310) 543-4916 (Fax)
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The post was migrated from Yahoo.
charsetndows-1252
You can certainly move for relief from stay and the Central District mandatory form of motion has a box or two to check to indicate that this is an insured claim. It should be granted (there is a very short string of authority, mostly from a retired judge that the motion for relief from stay should be denied as unnecessary, but that is a side issue).
You should consider contacting the Debtor's attorney and seeing if they will stipulate. It is pretty clear cut.
I can help if you need it.
Jason
On Mar 22, 2011, at 12:04 PM, christian@christiancooper.com wrote:
> An attorney friend of mine has a question regarding personal injury and bankruptcy:
>
> "My client was involved in a car accident, and we recently filed a complaint against the at fault driver (defendant). The Defendant had car insurance at the time of the accident and recently filed for bankruptcy. My client's claim for personal injury damages were placed in the bankruptcy.
>
> I am facing two issues:
>
> 1) Can we receive relief from stay and go forward with the personal injury claim in the state court since we would be seeking to recover the car insurance held by Defendant and not her personal assets?
> 2) What is the civil procedure process in pursuing this action (i.e. file for relief from stay in the bankruptcy court?"
>
>
charsetndows-1252
You can certainly move for relief from stay and the Central District mandatory form of motion has a box or two to check to indicate that this is an insured claim. It should be granted (there is a very short string of authority, mostly from a retired judge that the motion for relief from stay should be denied as unnecessary, but that is a side issue).You should consider contacting the Debtor's attorney and seeing if they will stipulate. It is pretty clear cut.I can help if you need it.JasonOn Mar 22, 2011, at 12:04 PM, christian@christiancooper.com wrote:
An attorney friend of mine has a question regarding personal injury and bankruptcy:
"My client was involved in a car accident, and we recently filed a complaint against the at fault driver (defendant). The Defendant had car insurance at the time of the accident and recently filed for bankruptcy. My client's claim for personal injury damages were placed in the bankruptcy.
I am facing two issues:
1) Can we receive relief from stay and go forward with the personal injury claim in the state court since we would be seeking to recover the car insurance held by Defendant and not her personal assets?
2) What is the civil procedure process in pursuing this action (i.e. file for relief from stay in the bankruptcy court?"
The post was migrated from Yahoo.
An attorney friend of mine has a question regarding personal injury and bankruptcy:
"My client was involved in a car accident, and we recently filed a complaint against the at fault driver (defendant). The Defendant had car insurance at the time of the accident and recently filed for bankruptcy. My client's claim for personal injury damages were placed in the bankruptcy.
I am facing two issues:
1) Can we receive relief from stay and go forward with the personal injury claim in the state court since we would be seeking to recover the car insurance held by Defendant and not her personal assets?
2) What is the civil procedure process in pursuing this action (i.e. file for relief from stay in the bankruptcy court?"
The post was migrated from Yahoo.