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If a person receives an inheritance after being discharged from bankruptcy does the inheritance go to the bankruptcy?
Wiki User
∙ 12y ago
No. Basically you start a new after filing.
Your pre-petition assets are used to pay your pre-petition debts. That's bankruptcy. You should understand it before you do it.
You don't chose what assets, and/or which debts...everything in your past gets involved.
Then you start a new.
Wiki User
∙ 12y ago
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If a person files bankruptcy and it is discharged and closed it does not they can still take the inheritance to pay back creditors?
Once the debt is discharged, a creditor cannot reinstate it, even if you win the lottery.
What happens to the person who needs to file bankruptcy before discharged from previous bankruptcy?
The short answer is to get the case dismissed so it can be refiled.
If you are a landholder on a home and the person files bankruptcy will they be able to include the debt they owe you into the bankruptcy?
They can include it, but the creditor/landholder can file a relief of stay to have the debt excluded from being discharged in the bankruptcy. The decision of what debts are to be discharged are determined by state and/or federal law and the bankruptcy judge.
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)
When a person files bankruptcy in October and then wins money in a lottery are they required to report the winnings to the bankruptcy court?
You would only need to report the winning ticket if the bankruptcy was not discharged.
A person has a judgment but files for bankruptcy can bankruptcy void the judgment of an earlier date in WA state?
Bankruptcy does not void the judgment. It simply makes it noncollectable because it was discharged in the bankruptcy like any other debt.
Can a person file for divorce before their bankruptcy is discharged?
Sure. One action doesn't preclude the other.
How would a bankruptcy trustee discover an inheritance after a filing?
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.
Do you know if you go to bankruptcy court do you get discharged when you go there?
A person or persons would need to file for bankruptcy before having any contact with the court and/or bankruptcy trustee. A bankruptcy discharge is what is granted if the filing is deemed valid.
What happens to an incomplete bankruptcy filing if the filer dies before its completion?
The filer has to be in person for the 341 meeting so the bankruptcy would be dismissed. A bankruptcy may still be discharged if they are just waiting on the judge to discharge the bankruptcy.
Are there any penalties or fines for selling your home after bankruptcy?
Not after the bankruptcy has been discharged. If the person is participating in a chapter 13 bankruptcy they must have the permission of the trustee/court to engage in any major financial transactions.
Can an inheritance be taken by the courts or creditors if the will has not been executed and most likely will not be until after filing for Chapter 7?
Some received before the discharge are collectable by the trustee. Whether an inheritance can be included depends on the the type of BK (Federal or State) and the laws that are applicable. If however, the BK has been discharged, no monies are subject to seizure by the truste/court. I'm a little confused by the answer above. There is no such thing as "State bankruptcy," though there are state receiverships which are similar but rare. The only bankruptcy that exists in the U.S. is federal bankruptcy, which is codified in Title 11 of the U.S. Code (though State law does affect the federal bankruptcy laws in each State to a certain extent). It is also not true that once the bankruptcy has been discharged the court can't come after inheritance proceeds. If the inheritance occurs within 180 days after the discharge, the court can still come after the money (see 11 U.S.C. 541 (a)(5)). If the inheritance occurs before or during the case, the debtor has an obligation to notify the court by listing the inheritance on their Schedule B, and the court can then go after the money assuming the State in which the bankruptcy is pending does not allow the debtor to exempt that type of property. Also, actual receipt of the inheritance funds is not necessary, a debtor has to list the inheritance if the debtor knows it is coming even if the debtor hasn't actually received it yet. In some states, one can "disclaim" an inheritance, which means the person can say they don't want it, and the inheritance is protected from the bankruptcy court, but this is complicated and rule-specific and one definitely needs to consult with their attorney about this. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
