Legal Question in Bankruptcy in California

Re: bankruptcy

Generally, the court cannot reach forward and attach an asset which you received after the discharge. One exception is that if you were aware at the time of filing that you would receive this asset and concealed it from the Court, you could be liable for bankruptcy fraud and/or abuse. In that case, the Court may reach forward and take an after-acquired asset to distribute to creditors, and may even revoke the discharge. Its really important that you do not file bankruptcy knowing that this money was coming in the future, or you could be in some jeopardy.

Re-reading your post, when you say "I qualify," does that mean that you have not yet filed bankruptcy? If that is the case, and you are planning to join the Army and will receive this money, you need to seriously rethink your plans. You need to consult with a local bankruptcy attorney before doing anything - failure to disclose that asset is a real problem, and could be criminal conduct which could in turn jeopardize not just your bankruptcy discharge and retention of the money, but worse, might get you a dishonorable discharge. Bankruptcy is not a way to get out of your debts so you can keep all this money you are going to earn in the Army - you may want to consider filing a chapter 13 in which those earnings would be used partially to repay your creditors some or all of what is owed. Please do yourself a big favor and consult with a qualified attorney as soon as possible.

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