If a bankruptcy is reopened - does that mean it was refiled?

[mikesjones2o]

I filed bankruptcy about 8 months ago and it was discharged. A few weeks ago the case was reopened because they said there was an asset, that I was told by an attorney was not an asset, was not listed. Last week my uncle passed away and in the will he said that his house and the money in his savings is supposed to go to me. I saw that if you receive an inheritance 6 months after filing then they can not collect it - since I filed 8 months ago does that mean they can not collect that? Even though it was just reopened? I'm not sure if reopening means that they are refiling (or if that's two completely different things).

[iv65536]

To help us better answer your question, what were the filing date, 341 date, and the date your uncle passed away?

[gmk]

I believe it's not necessarily when you receive the inheritance since that could drag on for a long time, it's when the event, the death of your uncle in this case, occurs, with respect to your date of filing. I believe you have 180 days from your filing date to be OK with this.

There is a thread in here somewhere wherein one of colleague's relative died exactly on the 180 day mark. There is quite a bit of discussion in that thread on the timing. Sorry I don't remember who posted it.

[biotechsolution]

It may be 180 days withing discharge, not filing date. So yes they are reopening you case to collect the inheritance.

[HHM]

The code actually says "filing date"

This article explains it pretty well I think

http://askmethner.com/the-windfall-provision-in-bankruptcy-what-happens-to-inheritance-and-life-insurance-proceeds-in-bankruptcy/

[blockhead]

It may be 180 days withing discharge, not filing date. So yes they are reopening you case to collect the inheritance.

No it is 180 days within filing