If I was just getting ready to file bankruptcyand my uncle died leaving me a life insurance proceeds for $28,000, do I have to claim this?

I'm not sure what you mean by "claim".  You must list all assets and all debts you have in any bankruptcy case, so if you are entitled to receive $28,000 from an inheritance, or become entitled to receive it within 180 days after your bankruptcy case is filed, then it is property of your bankruptcy estate.   Whether or not you can protect it with an exemption depends on the laws of whatever state apply in your case. 

Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections.  Every state has different exemptions amounts available. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period.

Mark J. Markus, Attorney at Law

Handling exclusively bankruptcy law cases in California since 1991.

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