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    #1

    unexpected circumstance

    I signed my bankruptcy papers about 2-3 weeks ago. Then out of nowhere an unexpected circumstance arose. My uncle died and left his estate to his siblings. My father was one of them. 3 weeks ago my father passed away and this past Monday I received a certified letter stating that since my father passed away his portion of the estate now goes to my sister and I.

    The amount I will receive is 2-3 times what I owe my creditors. I have a meeting of creditors set for 5/14/10. I have tried to contact my attorney but he has not called me back regarding this matter. Since I now have the ability to pay off all my debt do I still have to go through bankruptcy? I was always willing to pay but never had the ability...now I do.

    I filed in New York State and have no idea what to do from this point on. It seems like a waste of time now and I want to back out and pay what I rightfully owe. Can I do this?

    ANY assistance would be appreciated

    Thank you
    Skyline1222
    Tags: None
    #2
    Bad news...if the case has been filed, you are now stuck with it.

    In the big picture, the net result is the same, it is simply that the BK trustee will pay off your debt.

    Comment

      #3
      Originally posted by skyline1222 View Post
      I filed in New York State and have no idea what to do from this point on. It seems like a waste of time now and I want to back out and pay what I rightfully owe. Can I do this?
      Since it's a Chapter 7 and you now have an asset that can be administered, it's not likely the case can be dismissed.

      Besides, as HHM writes, I don't think dismissing your case is the best thing. it may be better to just let your case continue and be administered, and the creditors that actually do file a claim, will be paid off. Everything else would be discharged. This may not be so bad.

      I'm sorry to read of your recent loss.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

      Comment

        #4
        Yes, and their claim will be based on balance @ time of filing. No more interest, penalties, etc. Which is useful since it could be a while before you actually receive your inheritance.
        Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
        (In the 'planning' stage, to file ch. 13 if/when we have to.)

        Comment

          #5
          sorry to hear about your family passing.

          Comment

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