Underinsured Motorist Claim Part of Bankruptcy Estate, Rules 11th Circuit

Lawyers USAAugust 25, 2008

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Summary


A claim for underinsured motorist benefits arising after a bankruptcy plan has been confirmed but before payments are complete becomes property of the estate, the 11th Circuit has ruled. The debtors were a husband and wife who filed for bankruptcy and had a confirmed plan requiring them to pay $516 per month to the bankruptcy trustee for distribution to creditors.

Six months after the plan was confirmed, the husband was injured in a motor vehicle accident. He settled the case against the driver for $25,000, and the bankruptcy court determined that amount was exempt property under the plan.

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Extract


Underinsured Motorist Claim Part of Bankruptcy Estate, Rules 11th Circuit

The husband also sought UM benefits from his insurers. The trust...

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