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VanDLaw, Attorney
Category: Bankruptcy Law
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Experience:  Chapter 7 & 13
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My wife and I filed a Chapter 7 bankruptcy in Ohio in September

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My wife and I filed a Chapter 7 bankruptcy in Ohio in September of 1999. How much time must pass before we can receive an inheritance without courts/prior creditors securing? Thank You!...Jim, Ohio
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  VanDLaw replied 7 years ago.



If you were discharged in 1999 all creditors listed at that time were discharged and they can no longer attempt to collect on the debt. If you were to receive an inheritance within 180 days of filing you would be required to report it your attorney and trustee. The bankruptcy code says nothing else on the matter.


This does not mean that a Trustee would not attempt to go after the inheritance if the inheritance were received one month after discharge. Whether or not he was successful or not is another matter.


However, if the Estate of the decedent notified the debtor that they were to receive the money during the banktuptcy you would still have to report it, even if the money was not paid for a year.


If you are just now receiving an inheritance and you were discharged in 1999 you have nothing to worry about.

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