Legal Question in Bankruptcy in Massachusetts

what happens if you file for bankruptcy and then inherit money.can that money be attached by creditors?


Asked on 5/18/10, 5:45 am

2 Answers from Attorneys

Suzana Urukalo Kajko, Weisman & Colasanti, LLP

Your question depends on what Chapter of Bankruptcy you are referring to and it depends on at what point of the Bankruptcy process you are in?

I would suggest consulting with a Bankruptcy Attorney so that you can get a more informed answer to your questions.

If you are interested in a free consultation you can contact my office at 617-523-3200 or email me at [email protected].

Thank you,

Read more
Answered on 5/23/10, 10:26 am
Dmitry Lev The Lev Law Firm

If the inheritance is received within 180 days of the filing of the bankruptcy case, it becomes "property of the estate." Depending on the Chapter and your other financial issues, you may be able to exempt some or all of the inheritance, which would keep it safe from both the pre-bankruptcy creditors and the court. The part that cannot be exempted may be taken by a Chapter 7 Trustee or may need to be paid into your Chapter 13 Plan. In any event, your bankruptcy filing will not protect you from attachments and collections for debts incurred after you file for bankruptcy (with few exceptions).

Read more
Answered on 5/23/10, 10:35 am


Related Questions & Answers

More Bankruptcy Law questions and answers in Massachusetts