Ask Me Help Desk - Bankruptcy and possible inheritance

Hello,

I am at a loss as to what to do. I've been preparing to file for bankruptcy for over a month. I just found out I'm due an inheritance probably around June or July, the estate is now in probate but I have no idea when I should expect the money.

How long does an estate usually take to settle and inheritance be sent?

If I file tomorrow, and I receive the money within 180 days I have to give it to the court right? What if it's for more than I owe?

Should I wait until I get the money? If it's for less than I owe I'd rather just declare now but I don't know.

I was not expecting this money, it's a distant relative passed down because both of my parent are deceased which is why I'm in credit card debt to begin with.

I am currently receiving collection calls but my wages are not being docked but I can't afford to pay my creditors.

What would be my best option (s)?

Thank you for any help

Also if one of the creditors find out about it, they can even protest your filing, and go to prove that you will soon have the money to pay your debts.

If you receive it within a certain time, you will be expected to turn it over to the court and have them pay your debts from that money.
If the creditor can prove you will have the ability in the near future to pay your debts, you may not be allowed to receive a discharge from the courts.

If it is more than you owe, you get all of the money after your debts are paid.

Best option, talk to your attorney and see what they can do.

Quote:

Originally Posted by Fr_Chuck

Also if one of the creditors find out about it, they can even protest your filing, and go to prove that you will soon have the money to pay your debts.

If you recieve it within a certain time period, you will be expected to turn it over to the court and have them pay your debts from that money.
If the creditor can prove you will have the ability in the near future to pay your debts, you may not be allowed to recieve a discharge from the courts.

If it is more than you owe, you get all of the money after your debts are paid.

best option, talk to your attorney and see what they can do.

Thank you for responding.

How would a creditor find out? Is it public knowledge who the inheritors are to an estate?

Would I be best off not declaring, trying to negotiate with my creditors and waiting until I receive the money to proceed?

I can't afford an attorney.

You would be best off talking to a local attorney,

As for as declaring it, that would depend on the exact wording of what is asked in the current bankruptcy forms.

I do believe it asks if you are part of any current legal action, but not 100 percent on that.

And declaring may also buy you time, even if you don't get discharged,
I know of a few people who file a 13 to buy them time and wait for some other option. But this is a file line, of the exact legal.

So I don't want to tell you something that is illegal since it is such a fine line on it. Of course it is possible that the dealings of probate could be public record, but then most likely no one is going to be looking either.

Quote:

Originally Posted by Fr_Chuck

You would be best off talking to a local attorney,

as for as declaring it, that would depend on the exact wording of what is asked in the current bankruptcy forms.

I do beleive it asks if you are part of any current legal action, but not 100 percent on that.

and declaring may also buy you time, even if you don't get discharged,
I know of a few people who file a 13 to buy them time and wait for some other option. But this is a file line, of the exact legal.

So I don't want to tell you something that is illegal since it is such a fine line on it. Of course it is possible that the dealings of probate could be public record, but then most likely no one is going to be looking either.

I really can't afford an attorney, will they answer these questions for free?

I just checked over the paperwork and don't see anything.

If the creditors somehow find out I'm due an inheritance, how would they know how much it's for if I don't?

If I tell the trustee I'm due an inheritance but I don't know when or for how much, will he throw out my case? Or does it have to come to me within the 180 days regardless?

Thanks again