No, if your BK (assuming this is a Ch. 7) is discharged, the money is yours. The only time you would have to surrender the refund is if you were expecting a refund during or shortly thereafter from when you originally filed.
Maybe. It depends upon the type of bankruptcy that was filed (state or federal) and the time the bankruptcy petitioner actually was awarded the inheritance, not accepted it. A bankruptcy case is officially finished when it is closed, not discharged.
If the house was forfeited in the BK, instead of a reaffirmation agreement with the lender..NO!
No. Once a chapter 7 bankruptcy has been discharged it is final.
No, the BK Trustee is to be notified of any inheritance received within 6 months of filing BK (even if you have already had your BK case discharged and closed). Short answer- no, you dont get to keep it unless you receive it more than 6 months from filing BK.
You will be discharged usually after 12 months, on the first anniversary of the bankruptcy order, but there are different dates which might apply to you.
Generally tax refunds are pro-rated using the number of months between the BK filing and the tax refund as a guideline, in some BK's it also depends upon the amount of the refund. The entire refund amount is seldom seized by the trustee unless the filer exceeds the exception amount established as the "wild card" or other allowable income.
When participating in a Chapter 13 BK repayment all major financial transactions must have the approval of the bankruptcy trustee. If the person does not clear the action with the trustee the "13" can be dismissed with prejudice.
In Chapter 7 bankruptcy, you would achieve the end ultimately faster, and basically be able to restart your financial life sooner. It is the most common form of bankruptcy and debts would be discharged months after filing the bankruptcy.
It is closed when it is legally discharged by the courts. Usually about 2 months after the 341 meeting for a ch. 7.
If your name is on any account or CD, it is an asset of your bankruptcy estate. If the money cannot be exempted, then it can be siezed by the Trustee. However, if these are funds that are held in a Trust or become yours only upon the death of the holder of the funds, then they may not be reachable by a Trustee. If the person dies within 6 months of your bankruptcy filing date, then the money will have to go to the Trustee.
I think it depends on when your debts are discharged. If they were already discharged, it was a Chapter 7 bankruptcy, and it wasn't discussed at the creditors meeting, then the refund is yours. Besides, imagine if you filed on April 15th. You might not get your refund until later June or almost July, and that's months from when your debts were discharged. I'm pretty sure it's yours.
If the bankruptcy is a Chapter 7, inheritance income must be reported to the trustee and the court if received within six months. The trustee will probably want the money, unless you disclosed the fact that you were entitled to an inheritance with the filed documents and exempted the amount.There is a specific question about being the beneficiary of a will or a deceased person in Schedule B. Since it is rare that an estate is filed, much less resolved, within six months, your failure to disclose the possible inheritance could be regarded as fraud and might lead to your discharge being revoked.Obviously, if you did not know of the death or you were not related to the decedent and had no reason at the time to believe you were a beneficiary under a will, you may avoid fraud.Consult an experienced bankruptcy lawyer, since bankruptcy law is very specific, and the means of "inheriting" money are varied and may not come within the statute.