*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*
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- can the bankruptcy court take it because he past away after i filed ?My Answer
- If the bankruptcy is not dismissed, the inheritance will become part of the bankruptcy estate and be used for the benefit of creditors.Your Question
- or can a person stop the bankruptcy ? My Answer
- Yes usually a bankruptcy can be dismissedExplanation
- You may dismiss your bankruptcy petition
in one of 2 ways:
1. Fail to appear for your 341 hearing. If you fail to appear for your 341 hearing the trustee
will typically move for the bankruptcy to be dismissed UNLESS he is aware of your inheritance. If the trustee is aware of your inheritance he will likely not dismiss the Chapter 7 as the trustee is entitled to fees on the amount of assets in the bankruptcy estate
2. If the trustee will not dismiss the Chapter 7 bankruptcy, you have the right to convert to a Chapter 13 bankruptcy. A debtor has an absolute right to dismiss a Chapter 13 bankruptcy but does not have an absolute right to dismiss a Chapter 7 bankruptcy.
I would be glad to respond to any related follow-up questions that you may have.