Should I file a claim with Aflac for being in the hospital if I am filing for bankruptcy

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2 weeks after filing for bankruptcy I had to go in the hospital for 10 days. We have a supplemental policy with Aflac that will pay me for this in addition to what my regular health insurance pays. Can I keep this money???

Attorney Answers

2
Robert Weed ·
Yes. Bankruptcy law looks at what you had--and what you had coming to you--on the day your filed bankruptcy. (There are exceptions if someone dies leaving you money in 180 days; or if you get divorced in 180 days of the bankruptcy and lose the protection Virginia law gives to property owned by husband and wife.) The hospital bills are an after bankruptcy debt. And the insurance benefits--you were smart to have those--are after bankruptcy money. Neither one is touched by the bankruptcy. Hope you are back on your feet.
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Stephen Trezza ·
Yes, your post petition income is yours to keep.
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