More details to this question:
I was just informed by my employer that I will be receiving a bonus after my Chapter 7 bankruptcy case is discharged. I did not include this bonus on the bankruptcy because I had no idea about it. Is the court going to take the bonus after my case is discharged?
10 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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If the bonus is something that was owed you before you filed bankruptcy then the amount which was owed on the date you filed could be taken by the trustee. If you filed bankruptcy on September 1st and the company gives a bonus based on your performance from January to December - 8/12ths of the bonus would be subject to being taken. You should talk to your attorney about whether you need to amend your schedules to reflect this bonus.
Answered on May 25th, 2015 at 4:36 AM
Real Estate Attorney serving Florence, KY
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Linda S. Novakov & Associates, PLLC
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No - they won't take your post petition bonus.
Answered on May 25th, 2015 at 4:28 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Probably not so long as your right to the bonus arose after the date of filing the bankruptcy petition. Check with your bankruptcy lawyer to be sure. Good Luck.
Answered on May 22nd, 2015 at 4:55 PM
Why would you have included money you didn't know you were going to receive in your bankruptcy. Since your bonus is money that you earned for a good performance, and since you earned it after you filed bankruptcy, this money is yours. Good luck and stop worrying. Enjoy your fresh start.
Answered on May 22nd, 2015 at 12:11 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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It could be if it was sufficiently rooted in your pre-petition employment contract.
Answered on May 22nd, 2015 at 9:14 AM
Pay an experienced BK lawyer to look at your entire file to get the proper answer for this question. Now is not the time to skimp!
Answered on May 21st, 2015 at 4:42 PM
If the bonus occurs within 6 months of the filing then you are required to report it to the Trustee.
Answered on May 21st, 2015 at 4:16 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Speak with your bankruptcy attorney of engage one.
Answered on May 21st, 2015 at 3:36 PM
Debt Settlement Attorney serving Chicago, IL
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Law Offices of Daniel J. Winter
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Call your lawyer to discuss it. If you don't have a lawyer, get one to review it. This cannot be answered without detailed information on your case.
Answered on May 21st, 2015 at 3:31 PM
Complex Litigation Attorney serving Costa Mesa, CA
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Thomas Vogele & Associates, APC
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It comes down to whether you were entitled to it before your bankruptcy case was filed or after. You'll need to speak with a bankruptcy lawyer and provide them with all of the documents concerning the bonus. They may also need to speak with your employer.
Answered on May 21st, 2015 at 3:25 PM