Legal Question in Bankruptcy in Kentucky

Debts

Filed for Bankruptcy in Louisville, Ky. When I met with my trustee...my mother had passed away and he said everything would be in limbo until he was faxed papers regarding her will. She died in Chicago. Everything is currently in probate in Chicago, Il.

I am to receive around $20,000.00 which is the amount of my debts which includes a judgement lien from my car.

Would it be better for me just to pay off my debts or should I send the paper work to the trustee and contine my bankruptcy case. I have moved out of town since the meeting and not sure how to proceed. Currently in Dallas, Texas, but I don't intend to relocate to Louisville.

Thanks for your help


Asked on 2/19/05, 2:04 pm

1 Answer from Attorneys
E. Brian Davis Davis Law Office

Re: Debts

One possibility is to dismiss your Kentucky bankruptcy and re-file in Texas. That might be to your advantage IF Texas's exemptions are more favorable to you than Kentucky's were.

You would have to have been living in Texas for the greater part of the 180 days prior to filing the petition.

In addition, you will have to get the Bankruptcy Court in Louisville to grant your request to dismiss the bankruptcy proceeding pending in Kentucky.

Check with qualified Texas bankruptcy counsel to see if the Texas exemption might allow you to keep more property after the bankruptcy.

Or simply use the inheritance and negotiate payoffs with your creditors.

Good luck.

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Answered on 2/19/05, 3:28 pm


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