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How would a bankruptcy trustee discover an inheritance after a filing?
Wiki User
∙ 18y ago
An inheritance is reported to the IRS. Federal bankruptcy officers (judges, trustees) have the legal power to access the person's tax records through the IRS AIS system.
Wiki User
∙ 18y ago
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What happens to an inheritance during bankruptcy?
If the inheritance is based on a death within 180 days of filing bk, the inheritance becomes part of the estate and the trustee will use it to pay your creditors.
How does bankruptcy affect inheritance property?
You must list an inheritance (or even possibility of inheritance) within 180 days of filing BK. So if you are to receive an inheritance, even if your BK was already discharged, within 6 months of filing, you must inform the BK Trustee (who would have the right to take the inheritance to distribute among the creditors)
How do you amend a bankruptcy filing?
Contact the trustee who is in charge of the BK.
Is inheritance exempt in Bankruptcy?
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.
Can you sell personal property when filing bankruptcy?
When filing bankruptcy all assets are placed in a bankruptcy estate. Some assets are allowed to be protected and qualify for an exemption by the trustee. Items that are placed in exemption are permitted to be sold, but the trustee should be notified prior to the sale.
Can a bankruptcy trustee sell assets not owned but being used or leased at the time of filing?
No.
If you are entitled to a large inheritance right after bankruptcy how much can the trustee take?
Your bankruptcy trustee has the right to receive your share of the inheritance within 6 months of filing your case. The trustee has the right to receive it all. Typically what happens though is the trustee receives the full amount and then makes a determination of how much is needed to satisfy your estate and debts. If you receive more than is necessary to pay off your debts, you will get a refund. It can take some time though. In rare cases, the trustee may have you cut a check for the amount and you keep the difference. But normally trustees don't trust debtors to do this.
Do have to file taxes if you are filing bankruptcy?
Yes, you do. And any tax refund may have to be given to the trustee.
How long do you have to wait after a bankruptcy discharge to inherit land?
The way this question is worded implies you want to manipulate the inheritance to avoid including it in your bankruptcy. If you become an heir to land or any property (cash, motor vehicle, etc.) prior to filing or while you are in bankruptcy, or within 180 days after discharge, you must disclose the inheritance to the trustee and the court, even if you have not actually received the property. There is no "waiting."
I am my mother's legal trustee due to alzheimers I am filing BK will this affect my trustee status?
Question is unclear. Who are you filing bankruptcy for, her, or you? If for her, it should not affect you, personally or financially, in any way. If you are filing bankruptcy for yourself, your status as the trustee of, and your availability to, someone else's assets may come under close scrutiny by the bankruptcy court and your creditors. It they suspect, or can prove, any co-mingling of your assets with that of your mother's, REAL problems could ensue.
If you inherit money after filing bankruptcy can the attorney take it all even if you don't owe them that much ex. you inherit 25000 but owe them 5000 filed one year ago can they take all 25000?
Making no sense. Who is "them"? Attorney took the money?.. it wasn't the Court trustee? If you inherit money within 180 days after the discharge of your bankruptcy, you must notify your attorney who will notify the trustee and they may have claim to some of the inheritance. If the case was discharged a year ago, it is no longer property of the bankruptcy trustee.
Why can a trustee take your income tax return if you are filing a chapter 7 bankruptcy which relieves you of your debt and does the trustee give the money to the creditors?
The trustee may take the refund and distribute it to creditors because a tax refund is not considered an exempted asset under bankruptcy laws.
