If someone filesa Chapter 13, must they hand over any inheritance they subsequently receive to their trustee?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If someone filesa Chapter 13, must they hand over any inheritance they subsequently receive to their trustee?

Asked on December 4, 2010 under Bankruptcy Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If you inherit something during the 3 to 5 years of your repayment plan, the inheritance must be turned over to the Chapter 13 trustee.  In fact, any property that you acquire as an inheritance within 180 days of filing must be reported. It will then distributed to the unsecured creditors up to the extent of the allowed unsecured claims.  Basically, you should view any income from the inheritance as a means of paying off your creditors that much faster.  Chapter 13 bankruptcy focuses on paying off your debts over a period of several years, so any unexpected income will help you reach this goal sooner.   

Note:  Don't be tempted to not report an inheritance or otherwise hide it.  That would be fraud and as the possibility of having your case dismissed "with prejudice" (as well as open you up to legal penalties).  This would prevent you from being able to discharge your debts. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption