Inheritance in Bankruptcy

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Inheritance in Bankruptcy

Are you expecting an inheritance anytime within the next year or two? It may not be a good idea for you to file for bankruptcy if you are indeed entitled to a substantial inheritance.

If this is your situation it is very important that you speak with a consumer law attorney about whether or not your inheritance is protected from creditors.

Furthermore, if it is protected you must be careful how you transfer the inheritance. In other words, if you are entitled to an inheritance and have a considerable amount of debt, a judgment and/or a lien against, you would be well advised to consult with an attorney as soon as possible.

Additionally, if you have recently filed for bankruptcy and you become entitled to receive an inheritance within 180 days of the date you filed for bankruptcy, you must disclose that to the Court and the trustee.

It is important that you consult with your attorney should this occur. You may be entitled to certain exemptions that will allow you to keep some or all of your inheritance. However, any unexempt amounts would have to be turned over to the trustee and distributed to among your creditors.

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