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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17080
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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If a debtor who is filing a chapter 7 BK is owed money from

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If a debtor who is filing a chapter 7 BK is owed money from a private debt and it is listed on the SOFA, after the BK is filed the money is collected is that money part of the BK estate and in jeopardy? For how long after? If so can the BK be withdrawn at that time. It's a long shot that the money will ever be recovered hence part of the reason BK is necessary.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

WALLSTREETESQ :

If it was listed in the bankruptcy,

WALLSTREETESQ :

the fraud issue would not come up, and the trustee should try to recover the money and it would go to the Estate,

WALLSTREETESQ :

If the trustee does not bother,

WALLSTREETESQ :

after discharge typically 6 months after discharge if you collect the money would be yours not the estate,

WALLSTREETESQ :

if you collect prior to 6 months after discharge you should notify the trustee and he may ask for it to pay creditors

Customer:

You mention "typically" after 6 months if you collect the money it would be yours. Is there any hard and fast rule on this?

WALLSTREETESQ :

6 months after discharge would be the rule,

Customer:

Thank you

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