QUESTION
I am a married person in Missouri. I filed for personal bankruptcy, not jointly. My wife is OK. Can my wife receiving a financial gift safely?
Asked on Jun 21st, 2012 on Bankruptcy - Missouri
More details to this question:
I filed for BK individually, the BK is still active.
Can my wife receive a financial gift from her dad without my BK getting in the way? she was not listed in the BK at all.
in other words, if her dad gifts her money, is there any way at all that MY bankruptcy would jeopardize that gift because we are married? what if my kids receive a financial gift?
1 ANSWER
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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3 Awards
It depends in part on which bankruptcy chapter you filed and whether Missouri is a community property state or not. If you filed a Chapter 7 case, it shouldn't affect your case at all. However, if you filed a Chapter 13 or Chapter 11 case, the gift might be considered property of your bankruptcy estate and need to be turned over to your Trustee, but probably not.
You really need to discuss this with a bankruptcy attorney in your area.
Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of CaliforniaHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter: @bklawr
Answered on Jun 21st, 2012 at 3:24 PM