QUESTION

If I am 3 years into my chapter 13, how is that affected by an inheritance?

Asked on May 23rd, 2017 on Bankruptcy - Wisconsin
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5 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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The inheritance gets paid into your plan up to the point your unsecured creditors get 100%.
Answered on Aug 12th, 2017 at 7:18 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Depends on facts that you have not mentioned. For example, when did the person who left you the money die before or after you filed Chapter 13? Before or after your case was confirmed by the Judge? Does your confirmation order provide that your assets re-vest to you? This is not a simple one size fits all question.
Answered on Aug 09th, 2017 at 4:28 PM

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Unfortunately as opposed to a Chapter 7 bankruptcy discharge in which an inheritance received after 180 days would not be included in your estate and under the trustees control a chapter 13 bankruptcy filing is different. Under chapter 13 plan anything that would have been part of the estate at the time of filing would still be considered part of the estate until the case is closed or until chapter 13 is completed. The's the inheritance would need to be disclosed and could be taken by the trustee.
Answered on Aug 09th, 2017 at 4:24 PM

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Meet with a lawyer face to face to discuss your questions. Any attorney worth their salt will charge you for the one to two-hour meeting. That attorney needs to review your Chapter 13 file to properly advise you.
Answered on Aug 09th, 2017 at 4:23 PM

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You should notify your lawyer and trustee. Except to the extent that some or all of it may be exempted, or to the extent that the trustee may choose to compromise with you, it belongs to the bankruptcy estate.
Answered on Aug 09th, 2017 at 4:18 PM

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