QUESTION

I have been involved in a bankruptcy for a while now, originally it was a chapter 13 I then converted it inot a chapter 7 because i thought i could no

Asked on Dec 09th, 2012 on Bankruptcy - Pennsylvania
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longer pay my payment under chapter 13 so I went to a 7 , I then came into some money from a trust, and now I would like to convert it back to a chapter 13 can I ? What happens to the money being held in the trustees possession? I also am involved in a divorce does this have an impact?
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1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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Now that you are in a chapter 7 bankruptcy you MUST disclose the money to the trustee and they will take it all and put it towards your debts. You can not use trust proceeds to fund a chapter 13 bankruptcy, as it is not regular monthly income. You can use it to make a large payment in chapter 13, but it can not be used to pay your monthly installments. Don't forget under chapter 13 bankruptcy you pay back ALL or as much as you can pay back.   I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.        Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLC Attorneys At Law   www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office:  888-269-0688 Cell:     508-801-6747 FAX:    877-475-8147
Answered on Dec 17th, 2012 at 4:04 PM

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