How can I protect my assets if my husband filed for bankruptcy without me? 16 Answers as of June 21, 2011

My husband filed Chapter 13 bankruptcy in the spring of 2009 without me. I am the beneficiary of my aunt's estate and should be receiving an inheritance of $30,000 with in the next 6 months. How does his bankruptcy impact me and are there steps I should take to protect my assets?

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
In California your inheritance would be your separate property and it would have no impact on his bankruptcy. I do not know if you are in a community property state.
Answer Applies to: California
Replied: 6/21/2011
Law Offices of Dennis Baranowski
Law Offices of Dennis Baranowski | Dennis Baranowski
The answer to your question will depend on several factors, including your state of residence and the identification of beneficiaries in your aunt's will or trust to name a few. You should consult with an experienced bankruptcy attorney to review your situation.
Answer Applies to: California
Replied: 6/21/2011
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
You must prove your assets are separate property in a community property state. You may have to file bk yourself to be certain, or creditors are likely to hound you.
Answer Applies to: California
Replied: 6/20/2011
Law Office of Maureen O' Malley
Law Office of Maureen O' Malley | Maureen O'Malley
Generally the assets of the non-filing spouse are considered. However, he filed quite awhile ago, and these are your personal assets due to an inheritance. I'd have him mention it to his attorney to be sure, especially if you live in a community property state.
Answer Applies to: Virginia
Replied: 6/20/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Your inheritance should not be part of the bankruptcy estate.
Answer Applies to: Indiana
Replied: 6/20/2011
    Lakelaw - Loop Bankruptcy
    Lakelaw - Loop Bankruptcy | David Leibowitz
    Your husband's assets do not subject your assets to his bankruptcy.
    Answer Applies to: Illinois
    Replied: 6/20/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    An inheritance is not community property in California so it should not affect the Chapter 13 filed by your husband. You must keep the money separate and not give your husband any control of it. Don't put his name on any account in which you put that money. Don't put his name on any property you purchase with that money. Keep excellent records of how you invest or spend the money. It is not part of the bankruptcy estate because it is not community property and you have not filed a bankruptcy case.
    Answer Applies to: California
    Replied: 6/20/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    An inheritance is separate property and yours to keep in spite of your husband's Chapter 13.
    Answer Applies to: California
    Replied: 6/20/2011
    The Law Office of Brian Nomi
    The Law Office of Brian Nomi | Brian H. Nomi
    Your inheritance is separate property, and not subject to your husband's creditors' claims. For further information, its best to consult with an experienced attorney. Any good attorney will give you a free initial consultation.
    Answer Applies to: California
    Replied: 6/20/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    The inheritance that you will receive is your separate property and would not be considered part of your husbands bk estate. You must keep these funds absolutely separate from any other community funds. You must also be careful to not use these funds for household expenses as this could interfere with the ch 13 plan. Your husband should contact his attorney asap for further advice on this.
    Answer Applies to: California
    Replied: 6/20/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    In most states, including community property states, any money you receive is your separate property and not subject to your husbands creditors, only yours. Do not place nay of the money into any account with your husband. Keep it completely separate and open your own bank account and keep the money there, is there is no comingling of your separate money with any money belonging to him or to the two of you.
    Answer Applies to: California
    Replied: 6/20/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    If your husband filed Chapter 13 without you, then your inheritance is not affected by his bankruptcy.
    Answer Applies to: Virginia
    Replied: 6/20/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    It likely may not impact you, but certain things you do down the road with the assets could be impacted. Sit down with a lawyer to be sure, and you may possibly want to draw up an agreement with your spouse just to be safe.
    Answer Applies to: Georgia
    Replied: 6/20/2011
    Breckenridge and Walton
    Breckenridge and Walton | Alan D. Walton
    Your inheritance is your separate property. To be safe, you should keep the funds separated from your spouse's.
    Answer Applies to: Michigan
    Replied: 6/20/2011
    Hanson & Hanson
    Hanson & Hanson | Anna C. Hanson
    Your inheritance is safe. In a Chapter 13 bankruptcy, the debtor keeps all of their property. Property is only liquidated in Chapter 7 bankruptcy.
    Answer Applies to: Oklahoma
    Replied: 6/20/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Inheritance is presumed separate property in CA.
    Answer Applies to: California
    Replied: 6/20/2011
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