QUESTION
Can I accept a firearm as a gift while in Chapter 13?
Asked on May 01st, 2012 on Bankruptcy - Arizona
13 ANSWERS
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Yes.
Answered on May 30th, 2013 at 1:00 AM
Daniel James Wilson
Yes.
Answered on May 30th, 2013 at 12:59 AM
Burton J. Green
Yes.
Answered on May 30th, 2013 at 12:53 AM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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There is no prohibition on accepting gifts while in a Chapter 13. However this does not mean that it does not need to be reported and it does not mean that it may or may not need to be disclosed if the case is converted to a Chapter 7.
Answered on Jun 14th, 2012 at 8:58 AM
Bankruptcy Attorney serving Kalamazoo, MI
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Debt Relief Law Center
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Since the value of the item is probably less than $599, there should be no problem with that. Plus, the receiving of it would not effect your Schedules I or J or ability to repay your bills I presume.
Answered on May 10th, 2012 at 12:26 PM
Bankruptcy Chapter 7 Attorney serving Los Angeles, CA
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Bereliani Law Firm, PC
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Yes that is fine. The Trustee would be interested if you come into a 'windfall' of money - which can be used to pay off your creditors.
Answered on May 10th, 2012 at 12:23 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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There is no requirement to disclose gifts received during a chapter 13 case that is confirmed.
Answered on May 09th, 2012 at 2:09 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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There is nothing in bankruptcy laws that prevent you from receiving a firearm as a gift while in Chapter 13. However, if the firearm is of substantial value you may need to inform the trustee if it qualifies as a windfall.
Answered on May 09th, 2012 at 1:49 PM
It is permissible for people to give you gifts and for you to accept gifts, after you file for bankruptcy. The issue is whether the "gift" is really part of a plan to defraud creditors. For example, your creditors will want to know whether this friend is simply giving you back your own gun that you asked them to hold while you filed for bankruptcy. I recommend that you talk to your attorney about the details.
Answered on May 09th, 2012 at 1:47 PM
Yes just let the Trustee know.
Answered on May 09th, 2012 at 1:44 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes you can accept a firearm as a gift while in a chapter 13. This is a two entity theory type of concept. The bankruptcy estate is composed of everything you owned and everything you owed as of the time you filed. What you acquire after you file is considered not part of that estate, but part of your post petition estate.
Answered on May 09th, 2012 at 1:37 PM
Glen Edward Ashman
Your Chapter 13 attorney is the only one who will know when and if you can acquire or divest assets.
Answered on May 09th, 2012 at 1:36 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Sure, make sure that it is worth under the exemption allowance of $500 for gun, bike, burial lot and/or sewing machine.
Answered on May 09th, 2012 at 1:18 PM