Can the bankruptcy courts take my inheritance chapter 13? 4 Answers as of March 25, 2011

Can the bankruptcy courts take my inheritance chapter 13?

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Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
Any inheritance received within 6 months of the filing of your bankruptcy becomes property of the bankruptcy estate. In a Chapter 7, this could lead to the loss of any non exempt portion of your inheritance. In a Chapter 13, this could lead to a Court ordered increase in the amount of your monthly plan payments.
Answer Applies to: California
Replied: 3/25/2011
Financial Relief Law Center
Financial Relief Law Center | Mark Alonso
It really depends on your state's exemptions and whether the property would have been exempt in your state. Generally you are supposed to report any inheritance received within 180 days of filing to the court.
Answer Applies to: California
Replied: 3/24/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Iinheritances within 180 days of the filing can be take by the trustee. After 180 days it is yours, BUT check your Chapter 13 Plan. The language in it may be different.
Answer Applies to: California
Replied: 3/22/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
If you receive an inheritance within 180 days after filing for bankruptcy, that money or property might have to be turned over to your creditors, unless it qualifies for an exemption.
Answer Applies to: Washington
Replied: 3/22/2011
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