If I filed a Chapter 7 and it was discharged last month, what if I receive a life insurance payout?

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If I filed a Chapter 7 and it was discharged last month, what if I receive a life insurance payout?

What do I do and how can I keep it?

Asked on March 7, 2012 under Bankruptcy Law, Missouri

Answers:

Malcolm Ruthven / Malcolm Ruthven, Bankruptcy Attorney

Answered 9 years ago | Contributor

As you probably know, receiving anything due to the death of someone who dies within 180 days after your bankruptcy filing is the exception to the rule that the assets of your bankruptcy estate are determined at the time your file bankruptcy. You're obligated to notify the trustee of those life insurance proceeds if the person died within that 180 period. You get to apply any exemptions remaining to those proceeds so you can keep as much or all of them as possible. Definitely discuss this with your bankruptcy attorney.


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