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    Appreciate Any Input

    All,
    I posted this in a different forum but would like some input from those that just read this forum. As luck would have it my husband just found out he is the beneficiary of a $4000.00 life insurance policy his father had. He passed away a few days ago. Our 341 meeting was also just a few days ago and went very smoothly. He is to divide this money between him and his 3 brothers. We have already notified our attorney's office about this and we have a meeting with him set up. My question to all is do you think we will be able to keep this? It is such a small amount especially when you take into account that we really only get $1000.00 of it. I would hate to have to give it back since it really is not all of ours. What do you think our chances of keeping this is? I know you cannot say for sure but from what I have told you do you think they will want to take this? At the time of filing we only had $1500 in our checking account and we were able to exempt that. If the lawyer can exempt it will this put us farther away from our discharge? On the advice of the lawyers office we have not yet contacted the insurance company about the passing of his father. This whole bankruptcy is a never ending nightmare that feels as if it will never go away. Thanks again for all you reply!
    08-2009:Quit Paying Credit Cards
    04-2010:Hired 2nd Attorney;05-2010:Filed 7
    06-2010:341 Meeting (went very well)
    08-24-2010: Discharged; 09-02-2010 Closed!!

    #2
    Originally posted by Ann View Post
    All,
    I posted this in a different forum but would like some input from those that just read this forum. As luck would have it my husband just found out he is the beneficiary of a $4000.00 life insurance policy his father had. He passed away a few days ago. Our 341 meeting was also just a few days ago and went very smoothly. He is to divide this money between him and his 3 brothers. We have already notified our attorney's office about this and we have a meeting with him set up. My question to all is do you think we will be able to keep this? It is such a small amount especially when you take into account that we really only get $1000.00 of it. I would hate to have to give it back since it really is not all of ours. What do you think our chances of keeping this is? I know you cannot say for sure but from what I have told you do you think they will want to take this? At the time of filing we only had $1500 in our checking account and we were able to exempt that. If the lawyer can exempt it will this put us farther away from our discharge? On the advice of the lawyers office we have not yet contacted the insurance company about the passing of his father. This whole bankruptcy is a never ending nightmare that feels as if it will never go away. Thanks again for all you reply!

    I guess my help yesterday wasn't appreciated :-) That's ok, sometimes hearing what could happen is hard for people. One thing here jumped out at me: Your attorneys advise to not contact the insurance company.

    Just because you don't contact the insurance company it doesn't make the situation go away. Your relative passed away during 180 days of filing.

    What you decide to do will be up to you, either letting the trustee know by amending the petition, or not..

    Good luck, I hope if you do decide to amend the petition that your attorney can exempt the funds for you.
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

    Comment


      #3
      newbie, Yes, I did appreciate your input. I am posting here because this forum seems to get a little more "traffic". Please do not assume anything about me not wanting to hear what could happen! Also, I think our attorney not wanting us to contact the insurance company yet is probably a good idea. We have never been through anything like this so I will take his advice and wait. I can assure you he would never advise us to do anything unethical.
      08-2009:Quit Paying Credit Cards
      04-2010:Hired 2nd Attorney;05-2010:Filed 7
      06-2010:341 Meeting (went very well)
      08-24-2010: Discharged; 09-02-2010 Closed!!

      Comment


        #4
        Originally posted by Ann View Post
        newbie, Yes, I did appreciate your input. I am posting here because this forum seems to get a little more "traffic". Please do not assume anything about me not wanting to hear what could happen! Also, I think our attorney not wanting us to contact the insurance company yet is probably a good idea. We have never been through anything like this so I will take his advice and wait. I can assure you he would never advise us to do anything unethical.
        Good luck. And yes, you're right, I shouldn't assume.
        Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
        I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

        Comment

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