Legal Question in Bankruptcy in California

I don't represent creditors (and I do not represent this debtor), however this is an important point for debtors to know.

The answer to your question is, Yes: present/future interests in the estate of a decedent (meaning, where the person has already passed away) that exist at the time of the filing of the bankruptcy, must be reported on the bankruptcy schedules. If such an interest is created within 180 days after the filing of the bankruptcy, the debtor must still report it.

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Mr. Abrams is correct - it must be disclosed to the Trustee and the Court. If the debtor fails to do so, you should bring it to the attention of the chapter trustee (preferably prior-to the meeting of creditors), as well as the Office of the U.S. Trustee. You can find the information for both on the notice that you received from the Bankruptcy Court. You can also hire an attorney, however, based upon the description of the claim you have, it may not be cost effective.

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