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Andrea Ray
Andrea Ray, Attorney
Category: Bankruptcy Law
Satisfied Customers: 82
Experience:  Over 5 years experience in consumer and commercial bankruptcy law, Chapters 7 13 and 11
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I filed Chapter 7 BK May 1998 released around July of 1998

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I filed Chapter 7 BK   May 1998 released around July of 1998 I am involved in something totaly different but can they go back an reopen a BK case 10 years back? What is the statue of limitations time wise?   Steve
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Andrea Ray replied 7 years ago.
Why would they want to reopen your case? Does this involve an undisclosed asset? By undisclosed asset I mean assets which existed at the time you filed for bankruptcy, such as a cause of action for personal injury or other right to receive money?
Customer: replied 7 years ago.
Nothing to do with that. I am involved with a dispute with my brother totaly not related to this BK. I filed BK May 5,1998 some one died and left me a lot in June 15, 1998 and I was not released from BK yet, think I was released in Aug 1998 give or take a few weeks. This BK was right on, no cause of personal injury. I just want to know can my brother turn me in knowing I was not released from BK and someone died before I was released and I could of got something $$ from the lot? So my question is it had no personal injury to anyone but could they reopen the case 10 years later. This would be revenge on his part but nothing to do with him at all. He was not a creditor or having anything to do with this..
Expert:  Andrea Ray replied 7 years ago.
This lot would have been property of the estate and should have been disclosed to the trustee at the time you inherited it. Under the Bankrupcy Code, Section 541, property of the estate includes:

5) Any interest in property that would have been property of the estate if such interest had been an interest of the debtor on the date of the filing of the petition, and that the debtor acquires or becomes entitled to acquire within 180 days after such date -

(A) by bequest, devise, or inheritance;

(B) as a result of a property settlement agreement with the debtor's spouse, or of an interlocutory or final divorce decree; or

(C) as a beneficiary of a life insurance policy or of a death benefit plan....

 


(7) Any interest in property that the estate acquires after the commencement of the case.

 

Unless the lot had significant value, I doubt a trustee would reopen the case for this. However they do have the right to do so. The time period is completely within the discretion of the courts.

 

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