Inheritance

[espo1357]

Not that I can add to what's been said, but there is too much noise. In any event, the poster should report to their attorney. In your particular State, death benefits may be exempt, and this is why it "may" not matter that you received an inheritance. Always consult your attorney when anything happens with your finances over the life of your Chapter 13 plan.

There's nothing else to say or speculate about.

Personally, I have done nothing but tell the truth in court and you are absolutey correct in your opinion.

However, if it is a grey area, then personally I am not going to report it. Furthermore, I am going to find information from good legal counsel, and find out the best course to take while in the 13 and getting an inheritance or getting a better job, etc.

They just have so much control over our lives in the 13, and the 13 is not a bargain at all in the first place. So let them do the research on it and spend the money if they want to dig. My "bet" is that they are not going to do it.

[shadowb]

Thanks for the reply, justbroke. I really appreciate it.

[shadowb]

In my case my ex has already done some shady things with his chapter 13. He wasn't 100% forthcoming in his equipment to the trustee. I know for awhile we thought the trustee was going to kick him out because he was SOOOO behind. In my ex's case, he got into the 13 not because he was forced to financially, but because he neglected some IRS debt that he had and he didn't want to give up his precious tools and trailers and machinery that he had purchased instead of paying the IRS. When we were in the 13 together, the trustee was quite frustrated with him, and I do know (because I still get copies since I have a DSO filed with his 13 that was for arrearages) that the trustee has been going round and round with him on our RV. He took a walk on the house (quit paying the mortgage payments) and it is going to foreclosure (trustee got upset about that) and is now trying to convince the trustee that our RV is NOT a luxury item but now his home. She also has been frustrated with him with his job situation. He has been spending more time not working and is taking jobs with less pay to drop his income and he doesn't stay up with his BK13 payments. It is all just a crazy mess. And, I am very glad that I am no longer in the mess with him. I filed my BK7 and am done and have been able to put all that behind and no longer have to go to BK court. He on the other hand continues to go.

[justbroke]

In my case my ex has already done some shady things with his chapter 13. He wasn't 100% forthcoming in his equipment to the trustee.

In many States, tools of the trade are exempt (period). So it wouldn't matter that he left out a few tools and equipment.

In my ex's case, he got into the 13 not because he was forced to financially, but because he neglected some IRS debt that he had and he didn't want to give up his precious tools and trailers and machinery that he had purchased instead of paying the IRS.

That's the definition of being forced into Chapter 13. Chapter 13 is perfectly suited to save property and/or stave off liens and levies from the IRS. IRS enforcement is through levies, and your ex's case is exactly a "financially" forced event.

He took a walk on the house (quit paying the mortgage payments) and it is going to foreclosure (trustee got upset about that) and is now trying to convince the trustee that our RV is NOT a luxury item but now his home.

An RV and maybe even a "van" can be considered your residence in most States and definitely under federal exemption law.

In many cases, ex-spouses, family members, former business partners and the like cause nothing but trouble in a case. Sometimes the Trustee is frustrated with EVERYONE involved.