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    #1

    Money after discharge

    Not sure if this is the best place to post this, but here goes.

    I have a question about getting money, shortly after a discharge. I remember my lawyer saying something about it, but everytime I call the guy he charges me $350. So if anyones knows, help would be great.

    After your discharge can they come back and take money from you?? I might be getting a gift from a relative, and I'm a little concerned if ANYONE can try to step in and take it?

    Thank you for the help!!
    NotFun
    Filed: 10/31/2007
    341: 12/05/2007
    Last day for objections: 02/05/2008
    Tags: None
    #2
    The only money that can be taken from you after discharge are an inheritance or insurance proceeds, and then only for the six month period after your filing date.

    A gift is fine to take after your discharge. No one can step in to take it.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !
    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment

      #3
      I see. So the person giving the money should supply a letter that they are giving the person the funds to be safe?
      NotFun
      Filed: 10/31/2007
      341: 12/05/2007
      Last day for objections: 02/05/2008

      Comment

        #4
        What about winning a lottery or sweepstakes? Still the 6 month from filing rule?
        What if I start earning more money? My lawyer said I can pretty much do what I want after my 341 meeting as far as increasing income. I am considering a new job that pays more, a second job or a roommate.
        Comments?
        Filed Chapter 7 4/29/08
        341 Survived 5/27/08
        Discharged 8/19/08
        Case Closed 9/08/08

        Comment

          #5
          Aside from someone dieing and you getting life insurance proceeds or inheritance, anything you receive AFTER FILING is yours to keep. Why many attorneys say "after the 341 meeting" is because the 341 meeting occurs relatively soon after filing; thus, the trustee (and possibly the court) will presume that whatever you got before the 341 meeting was something you knew, or should have known, you would get before you filed

          There is NO SUCH THING as a "windfall" provision. As for the lottery, so long as you purchased the lottery ticket AFTER you filed, that money is yours and there is nothing the trustee can do about it.

          Comment

            #6
            Awesome! I figured if I won (fat chance) in the interim, I would just wait to cash the ticket until after the 341.
            Mega Millions is up to $145 mil....
            Filed Chapter 7 4/29/08
            341 Survived 5/27/08
            Discharged 8/19/08
            Case Closed 9/08/08

            Comment

              #7
              They might consider the date you bought the ticket ? ! ! ! Well GOOD LUCK into WINNING BIG !

              Catchmeifyoucan
              July 2006: Filed Ch13 :blink:
              Oct 2006: Converted to Ch7 :clapping:
              Jan 2007: DISCHARGED :clapping:
              Nov 2007: CLOSED :yahoo::yahoo::yahoo:

              Comment

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