Legal Question in Bankruptcy in Illinois

If I file for bankruptcy in Illinois and I will get part of my mother's estate (who also lives in Illinois) when she passes on, am I at risk at losing my inheritance from her estate because of the bankruptcy? What happens to the debt I have if I do file bankruptcy? Is it all forgiven and the creditors out of luck? Or does someone risk buying my debt and then entitled to my inheritance? My mother said years ago when my aunt filed bankruptcy that someone else got her share of her parents estate when they died (and this was in Illinois also).


Asked on 5/15/14, 6:10 am

1 Answer from Attorneys

Henry Repay Law Offices of Henry Repay

The question is when you become entitled to an inheritance or life insurance benefits. If your mother has already passed or passes within 6 months after the date you file, then your creditors may benefit. These are questions that should be covered in a consultation.

The scope of this space does not afford an opportunity to assess the situation and advise you. I recommend you assemble for legal consultation: (1) your income information for December 2013 through the present, including wages and unemployment during that period; (2) all your bills (copies neatly assembled, back pages included); (3) last two years� tax returns; (4) a credit report (use www.annualcreditreport.com to obtain free report if not requested in last year); and (5) other information that may apply, such as copies of lawsuits. Call at your earliest convenience to afford the most opportunity in which to be advised about your best course. You are not required to use an attorney in your area.

I do not recommend filing bankruptcy on your own. There are too many complex issues. I have seen several posts on this site for debtors who filed on their own and are seeking counsel concerning complications. Most of them will have a hard time finding an attorney to get involved to unwind the mess without the attorney charging several times what would originally have been paid.

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Answered on 5/15/14, 8:01 am


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