Could Personal Injury Claims be Exempt Assets??????

November 4, 2011 Betsy Lynch 0 Comments

On August 23, 2011, the Western District of Missouri issued an opinion in RUSSELL v. HEALTHMONT OF MISSOURI LLC, which stated that “Under Missouri law, an unliquidated, personal-injury claim can, if the proper procedures are followed and conditions satisfied, be exempted from his bankruptcy estate pursuant to § 513.427.” If this decision is upheld on appeal, it could mean that Missouri law would allow Debtors to keep hundreds of thousands of PI money in their own pocket.  Score one for the little guy!

See Brian Daniel RUSSELL, Sr., Appellant, v. HEALTHMONT OF MISSOURI, LLC., d/b/a Callaway Community Hospital, Respondent. No. WD 72861. for more information.

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