Divisible property in bankruptcy - clarification of personal injury exclusion
- TurkAlert
- Published 11.07.2016
The notion of ‘divisible property’ in bankruptcy is broadly framed but it has some exclusions. A right by a bankrupt to the recovery of damages or compensation for personal injury is one such exclusion. Simply because a personal injury enlivens a right to a claim for a specific amount under an insurance policy, does not materially change the character of that right: it is a right to recover damages or compensation in respect of a personal injury. Accordingly, such a claim under a policy of insurance is excluded from the scope of divisible property.