Is my lawyer wrong????

[FiledinMarch]

Ok... So I called my lawyer to ask about the possible bonus my husband will be receiving.. (there is another thread about that..)

My lawyer said "Any windfall within 6 months of DISCHARGE greater than say, $1000, has to be reported to the trustee"

I even quoted NOLO saying that the law read 6 months from the date of filing, and my lawyer said "NOLO was written by a bunch of people who are not lawyers and they are wrong".

But I have found a direct quote from HHM here:

First off, the windfall time frame is 180 days from FILING, not from discharge.

As for how to answer the question, you would say "no".

As well as a few other places on this forum saying the law states 180 days from the date of filing..

So.. Is my lawyer wrong????

Thanks.

[325Falcon]

Is $1000 really considered a windfall?

[yoyoma51]

When we had our 341, the trustee made it clear that is was 180 days from filing.

PLEASE NOTE: I am not a lawyer. Bankruptcy may or may not be a best scenario for you. It depends on your situation. You may assume my advice is totally useless. Talk to an experienced bankruptcy attorney (or three) in your jurisdiction for legal advice.

[FiledinMarch]

This is the bankruptcy law, and does not vary from state to state, right ???????

[yoyoma51]

I do not believe it varies from state to state.

However, our lawyer (who is also a trustee) told us that if this happens (both our fathers are alive and not in good health), contact him immediately and he will contact the administrator of the will.

Somehow, he thinks (possibly) it can be put somewhere out of our hands and save it. We didn't ask and he didn't elaborate.

So, there must be some exemptions to this rule.

Also, as 325Falcon mentioned, I don't think I would consider even notifying the trustee about $1000. The trustee works on commission, he would get $250 and distribute the remaining $750 to creditors. Hardly worth the paperwork, I would think.

PLEASE NOTE: I am not a lawyer. Bankruptcy may or may not be a best scenario for you. It depends on your situation. You may assume my advice is totally useless. Talk to an experienced bankruptcy attorney (or three) in your jurisdiction for legal advice.

[keepmine]

Your lawyer is wrong. The copy and paste I provided in the other thread is directly from the bk code. Stop talking to this lawyer. Your case is done. You have no oligation to turn over the bonus.

[FiledinMarch]

Your lawyer is wrong. The copy and paste I provided in the other thread is directly from the bk code. Stop talking to this lawyer. Your case is done. You have no oligation to turn over the bonus.

Keepmine, Thank you thank you thank you!

My lawyer is about 80 years old.. Sometimes I think he gets confused.. He also told me I could convert to chapter 7, keep my car, and not have to pay the arrears of 2500$.. Long story short, i did have to pay the $2500 to keep the car and with my husband's job on the line, that could have really ended up costing us his job. I should have learned right then and there he doesn't have his stuff straight. No more questions to my lawyer, I'm coming here!!