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If an executor of a will waits six months after a bankruptcy to give the bankrupt his inheritance is it safe from the trustee?
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.
Can a judge accept a complaint Adversary Action after a bankruptcy has been discharged?
No, a judge cannot accept a complaint for an Adversary Action once a bankruptcy has been discharged. Once a bankruptcy has been discharged, the case is typically considered closed and any further legal actions must be pursued in a separate lawsuit outside of the bankruptcy process.
What is a discharged bankruptcy?
In a chapter 7 it is a total liquidation BK, that has been found valid and has been approved. Therefore the debtor(s) are discharged from the debt(s) that were included in the BK. A discharged BK is not the same as a closed BK. If it is a chapter 13, it indicates that the debtor(s) have fulfilled their obligation of repaying the amount to creditors that was ordered in the BK. After the trustee's audit a chapter 13 is considered closed
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.
If a chap 13 bankruptcy is discharged and a bill is left unpaid can third party collections attempt to collect on it?
A bankruptcy can be closed or dismissed. It cannot be "discharged." The debtor is discharged from having to pay any dischargeable bills. If the 13 was successfully completed, and the debt was listed as an unsecured debt if the unsecured creditors were paid something under the plan, it might not have been discharged. Many third party debt collection law firms and agencies are trying to collect discharged debts in violation of the permanent stay. It is illegal.
When is a chapter 7 bankruptcy closed?
It is closed when it is legally discharged by the courts. Usually about 2 months after the 341 meeting for a ch. 7.
What does it mean if someone asks if your bankruptcy is closed?
Normally when someone inquires if your bankruptcy is closed they are referring to has it been "discharged" When a judge presiding over the bankruptcy of a debtor and approves it. The approval constitutes a discharge of those debts and is thus "closed" On the other hand if the bankruptcy is not approved then the bankruptcy is "dissmissed" But in your case a closure constitutes a discharge.
Can second mortgage lien holder foreclose on your home after bankruptcy is closed?
The short answer is yes they can because once the bankruptcy is discharged you no longer are protected for debtors who wish to collect on a debt.
Will a closed credit card account receive notice of a bankruptcy filing?
Only those creditors you list on your bankruptcy schedules / creditor matrix (list) will receive actual notice.
Should an account discharged in bankruptcy have a status of closed and if it still says open is this hurting you?
In this instance the account would generally be noted as "included in bankruptcy. The impact the open account would have is insignificant, compared to the bankruptcy.
If debt included on your bankruptcy had been filed and two years later a record showed up on you for this suit can you get this off your record?
A Chapter 7 bankruptcy cases can be reopened after discharge and case closure under certain circumstances. Many bankruptcy courts routinely grant debtors' motions to amend schedules to list previously omitted creditors. But reopening a closed, no-asset case to add a creditor has no effect on whether the omitted debt is discharged.
Can I file a chapter 13 immediately after being discharged from a chapet 7?
You can only have one bankruptcy pending at a time, so if you mean after your c. 7 is closed, yes, if you mean after you get your discharge but before your case is closed, no.
