Asset seiure on 181st day Help

[missEmily777]

My husbands mother died on the 16th of May 2009 and he is to reseve an inheiritance. The lawyers for the estate are insisting that the bankruptcy trustee has no claim for any of the money because she did not die within the 180 days. We filed our bankruptcy on the 17th of November 2008. I had already grieved over the loss of his money but after hearing their advice as they told us that in California they use the filing date as day one and with the 17th of November being day one, May 15th is day 180 and she did not die within the 180 days. We are desperately hoping this is how it will be determined in the end because we truly did need to file bankruptcy. Even after discharge of all of those debts, we go to food banks at time in order to eat. I have been trying to find case law to support this but haven't been successful. My husband and I are feeling like our lawyer is working for the other side. PLEASE advise.

MissEmily

[AngelinaCat]

Has the Ch7 beem disharged and closed? If it hasn't been fully discharged, administered, and closed, the bk trustee can always revisit the matter. And there is the possibility that the trustee could reopen the case after it has been closed--though with the the more passage of time that happens after being discharged and then closed--the chances of this happening diminishes.

Good luck to you.

[DeadManCrawling]

The 180 days is a hard limit, legally. If she passed away on day 181, the inheritance cannot be touched by the bk court and there is no need to report it. It is counted from day of filing.

The court cannot touch any inheritance received on day 181 or later.

You have received good advice from the estate lawyers.

My condolences on your loss, as well. You've had enough trouble, I hope the inheritance is enough to make a difference in your life.

here is a California attorney answering the question: http://en.allexperts.com/q/Bankruptc...nheritance.htm

In that case, it had NOT been 180 days.