If I receive any inheritance after filing chapter 13, can they take that money from me? 11 Answers as of October 17, 2016

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Ronald K. Nims LLC | Ronald K. Nims
Yes, they can up to the amount of debts owed your secured creditors.
Answer Applies to: Ohio
Replied: 10/17/2016
Goldsmith & Guymon
Goldsmith & Guymon | Marjorie Guymon
Inheritance will increase your disposable income and is to be turned over to your creditors.
Answer Applies to: Nevada
Replied: 10/17/2016
A Fresh Start
A Fresh Start | Dorothy G Bunce
I always wonder who THEY are supposed to be. As Chapter 13 is a program in which you propose a way to repay your debts from your income and your assets, it seems only right that if you have more assets, you should pay more to your creditors. The details of your particular case will determine whether you will be able to chose to keep some, all or none of your inheritance.
Answer Applies to: Nevada
Replied: 10/17/2016
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
If you became entitled to it with 180 days of filing, yes. If it was outside of 180 days, you need to look at your confirmation order. I believe they vary from jurisdiction to jurisdiction. You should consult local counsel.
Answer Applies to: California
Replied: 10/17/2016
Patrick W. Currin, Attorney at Law | Patrick Currin
Yes.
Answer Applies to: California
Replied: 10/17/2016
    Stephens Gourley & Bywater | David A. Stephens
    They may be able to, depending on your plan and how the inheritance is to be received.
    Answer Applies to: Nevada
    Replied: 10/17/2016
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    Yes. It will be property of the estate.
    Answer Applies to: Washington
    Replied: 10/17/2016
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    If you are an honest person, then you or your lawyer will notify the chapter 13 trustee of the inheritance. If the inheritance is all exempt, you need not worry. If it is at least partially non-exempt, then you will very likely have to turn it over to the trustee. It's always a good idea when you have a court matter to retain an experienced lawyer. It's almost always worth the investment.
    Answer Applies to: Wisconsin
    Replied: 10/17/2016
    Garner Law Office
    Garner Law Office | Daniel Garner
    Yes they can, unless you can exempt it somehow. If you are expecting an inheritance, you should seek legal counsel immediately if you do not already have a lawyer.
    Answer Applies to: Oregon
    Replied: 10/17/2016
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    Yes.
    Answer Applies to: Florida
    Replied: 10/13/2016
    Michelotti & Associates, Ltd. | Joseph Michelotti
    You have to disclose it and the trustee could take it to pay your creditors. You also have the option of dismissing the Chapter 13.
    Answer Applies to: Illinois
    Replied: 10/13/2016
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