can they???

[JNOMONEY]

hi everyone i want to start off by saying i dont know if i could of got through my chap 7 without this forum you guys are great , i have been doing alot of searching on here and i cant really find my ansers. we were discharged in august and we didn't reafirm are house , my father in law wants do buy us a cheaper house if he puts it in our name can they touch it now? my second ? is my wife got some money from a reltive that passed away can they touch that now ? thanks for any input

[music12]

i think you are ok as far as a house.

the inheritance depends on exactly when the relative died. if it was within 180 days of your filing date, which it sounds like it was, then unfortunately the trustee is entitled to all of it (up to the amount of the discharged debt, that is). and i am pretty sure the important date is when the relative died, not when your wife actually got the money.

i guess the idea behind this law was to prevent people who know a relative is very ill and is about to die from filing bk in order to keep the inheritance. unfortunately the way the law is written it includes all inheritances, not just ones that can be expected. it's unfortunate i think, because it compounds the loss.

sorry for your loss.

[JNOMONEY]

thnks for the quick answer , the reltive died in november this year and we were discharged in august this year

[StartingOver08]

Check your dates to see if you are within the 180 days of filing. I see you filed sometime in May 2009 and your relative passed sometime in November 2009. The discharge date is not important in this instance...just the file date and the effective date of the inheritance.

Notify your attorney because it appears that the inheritance belongs to the BK estate based on the dates you have provided.

[music12]

before notifying your attorney, check the dates. if you filed on may 5 and the relative died november 3, say, then you're ok (remember, it's 180 days, which is a few days less than 6 months because some of these months have 31 days!).

but if you filed may 15 and the relative died nov 10, you're stuck.

however: did your attorney tell you to notify them if something like this happens? if not, you are entitled to follow that advice. nobody ever said that a bk filer needs to go off do legal research on their own. you paid for legal advice, you got it, you follow it, and nobody can fault you for that.

so i think there is a grey line here as to whether you are required to tell your lawyer or not, especially since it's after discharge and then quite a long time after discharge.

[StartingOver08]

before notifying your attorney, check the dates. if you filed on may 5 and the relative died november 3, say, then you're ok (remember, it's 180 days, which is a few days less than 6 months because some of these months have 31 days!).

but if you filed may 15 and the relative died nov 10, you're stuck.

however: did your attorney tell you to notify them if something like this happens? if not, you are entitled to follow that advice. nobody ever said that a bk filer needs to go off do legal research on their own. you paid for legal advice, you got it, you follow it, and nobody can fault you for that.

so i think there is a grey line here as to whether you are required to tell your lawyer or not, especially since it's after discharge and then quite a long time after discharge.

This makes sense. In our district the Trustee had us sign a document at the 341 regarding receiving inheritances within 180 days of filing. Since the districts appear to vary, do what your attorney has advised you to do.

[JNOMONEY]

i called my attorney today and he said that as long as the case is closed every "should" be fine , i go and meet with him tomorow , thanks guys