I live in PA but had a accident in NJ where i was hit by a car. My lawyer has filed for the max of the policy 100k.

You should consult with a bankruptcy attorney before making any decisions. I'm not sure what you mean by "have to pay back". The claim would have to be listed as an asset and then you would claim any and all exemptions that might apply. All non-exempt assets would be turned over to a chapter 7 bankruptcy trustee to be used to pay your unsecured debts.

You should ask your lawyer to get you in touch with a bankruptcy attorney. In many cases you may have to pay a certain portion of any monies you recover into the bankrupt estate. Although there are certain exemptions which you can claim. Scott Cooper [email protected] 717-888-8888

Whether you should, or should not, file for bankruptcy is a question best left to a bankruptcy attorney. He/She can guide you through the process, advise you of the consequences so that you can make an informed decision about whether bankruptcy is right for your situation. Regarding your lawsuit, once you file for bankruptcy that lawsuit will become an asset within the bankrupt estate. As such, your current lawyer will need permission from the bankruptcy court to continue the prosecution of the matter from the trustee and the court. It is very important, therefore, that you keep your auto accident lawyer advise as to whether and/or when you file bankruptcy so that he or she may continue to prosecute the case.

Get advice from a qualified bankruptcy attorney because I think if you fail to declare the case as an asset you may forfeit your right to the proceeds. If you do declare the case you then will subject the proceeds to your creditors, subject to any applicable exemptions claimed on your behalf.