Ask Me Help Desk - Bankruptcy and Inheritance

I have looked at many different questions and answers regarding filing for bankruptcy and getting an inheritance, however I am confused and I'm not sure if you have to report things 6 months after your file date, or 6 months after the discharge date. I thought that our lawyer had said 6 months from the file date.

My husband and I live in Ohio, and we filed for Chapter 7. The date of file was February 23, 2008. We went to court and in front of the trustee at the beginning of April. I believe our case wasn't discharged until the beginning of June. We kept our home and our vehicle, but the rest was taken out. Mostly health bills and of course, credit card debt. I'm talking about $35,000 in all. Even though this is public record, we have not told anyone (close family) about our bankruptcy.

My grandmother just passed away yesterday, and I stand to get a nice inheritance. I'm not sure how much it will be. We are living okay right now without all the bells and whistles of course. But we could do a lot with the cash... like pay off our van (the payment is too high!), get a new roof on our garage (just found termites a few weeks ago), fix our oven as it has not worked for about 6 months now, and the air conditioning in our vehicle does not work either. I would also like to save some of it back. We will NOT be going back to our old ways, and have no desire to ever get a credit card again. If our van payment was gone, we would be able to save more.

I guess my question is... is there any chance at all that we will be able to keep some of the money? Or will all of it be gone to pay the creditors? If that's the case, I would prefer to tell my parents so that I can refuse the inheritance and possibly get it in a month or so once we are out of the clear. (6 months for filing will be up on the 28th of this month!) Or maybe that won't work either.? Can anyone give me some advice? Thanks!

Quote:

Originally Posted by kd10

I have looked at many different questions and answers regarding filing for bankruptcy and getting an inheritance, however I am confused and I'm not sure if you have to report things 6 months after your file date, or 6 months after the discharge date. I thought that our lawyer had said 6 months from the file date.

My husband and I live in Ohio, and we filed for Chapter 7. The date of file was February 23, 2008. We went to court and in front of the trustee at the beginning of April. I believe our case wasn't discharged until the beginning of June. We kept our home and our vehicle, but the rest was taken out. Mostly health bills and of course, credit card debt. I'm talking about $35,000 in all. Even though this is public record, we have not told anyone (close family) about our bankruptcy.

My grandmother just passed away yesterday, and I stand to get a nice inheritance. I'm not sure how much it will be. We are living okay right now without all the bells and whistles of course. But we could do a lot with the cash...like pay off our van (the payment is too high!), get a new roof on our garage (just found termites a few weeks ago), fix our oven as it has not worked for about 6 months now, and the air conditioning in our vehicle does not work either. I would also like to save some of it back. We will NOT be going back to our old ways, and have no desire to ever get a credit card again. If our van payment was gone, we would be able to save more.

I guess my question is...is there any chance at all that we will be able to keep some of the money? Or will all of it be gone to pay the creditors? If that's the case, I would prefer to tell my parents so that I can refuse the inheritance and possibly get it in a month or so once we are out of the clear. (6 months for filing will be up on the 28th of this month!) Or maybe that won't work either. ??? Can anyone give me some advice? Thanks!

I would speak to my Attorney - your plan to say nothing and wait for the 6 months to expire (if that is the time frame) can put you in a position of committing fraud as far as the bankruptcy is concerned. For all purposes that money (if it is by Will) became yours the minute your Grandmother passed away - the rest of this is paperwork.

Let the Attorney see what has to be reported and within what time frame.

Thanks for those that answered my original question. I do have another one. If I'm not in my grandmother's will, but my mom decides to give me and my 2 siblings some of the cash... will this need to be reported? If it's within the 6 month time frame? Just trying to get an idea before it all goes down. My entire family moved from one state to another and my grandmother's body is being flown back here tomorrow and my family will be coming in tomorrow as well. The attorney on the will is also from here and the will be read sometime this week with I believe just my mom and her sister (and my dad) being in on the will reading. Thanks in advance for answers and advice.