top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Inheritance after Chapter 7

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Inheritance after Chapter 7

    How long after a discharge can I accept a vehicle given to me as part of an inheritance.

    #2
    I don't believe the issue is how long after you can ACCEPT it. I believe its more a matter of when it became an asset that you are now entitled to. Just not accepting it for a period of months, to avoid an issue with the trustee, I don't believe will work.

    If you became eligible to receive it within 6 months of discharge, you will technically owe it to the Trustee. Outside of 6 months, you should have no problem.

    Others also may know about this.

    Comment


      #3
      I think the big question is how much is the vehicle worth?
      Are we talking a few thousand dollars or thirty thousand dollars?
      Did you file with an attorney?
      Chapter 7 No Asset
      Filed January 2010
      341 February 2010
      Discharged April 2010

      Comment


        #4
        Originally posted by ryan View Post
        I don't believe the issue is how long after you can ACCEPT it. I believe its more a matter of when it became an asset that you are now entitled to. Just not accepting it for a period of months, to avoid an issue with the trustee, I don't believe will work.

        If you became eligible to receive it within 6 months of discharge, you will technically owe it to the Trustee. Outside of 6 months, you should have no problem.

        Others also may know about this.
        I believe it is 180 days from the filing date not the discharge date.

        Comment


          #5
          agree with sawdust
          filed ch7 May 09
          341 june 09
          discharged, closed Aug 09

          Comment


            #6
            After a bankruptcy is successfully discharged and closed, the trustee can take an inheritance *directed to the filer* that occurs within 180 days of filing -

            If the person who owned the car willed it to the filer's family member instead so the court could not get their hands on it, then the filer is not the person who inherited the vehicle and the trustee has no right to it.

            The safest way to work this out is for the family member to give the car as a 'gift' to the filer any time after the filer's case has been discharged and closed and at least 181 days have passed since their filing date.

            Moonflower, if you filed with a bk lawyer, he/she is the best person to answer this question accurately for you. Your lawyer is familiar with all the specific financial circumstances of your case.
            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


              #7
              Thank you all. I appreciate your feedback. I am told 180 days, but so far I have been given good advice by my attorney. This has been more informative than her.

              Comment

              bottom Ad Widget

              Collapse
              Working...
              X