Legal Question in Bankruptcy in Massachusetts
I filed for Bankruptcy 3 years ago and am still in Bankruptcy Pro Se. I just recently inherited some property from a Grandmother who has yet to transfer the property in my name. I wanted to know how do I go about including this property in my bankruptcy. There are taxes owed on the property where I would like to start paying those taxes. I heard about the 180 days after filing for Bankruptcy. But since this is a Chapter 13, what affect does this 180 day rule have on the Court allowing the property to become a part of the Bankruptcy Estate. Are there previous cases where property was allowed after 180days in a Chapter 13 case?
2 Answers from Attorneys
I am sure you have been told in the past that filing for bankruptcy pro-se is a bad idea. However, just in case, let me tell you again. Hire a lawyer. I know several great bankruptcy lawyers, and would be happy to make a referral for you.
There is some conflicting case law on this issue. Recently, the bankruptcy judge in one of my cases said that the 180-day rule does not apply in chapter 13, and that ALL property received during the case is included in the bankruptcy estate. I agree that doing a case pro se is a bad idea, especially with a complex issue of this sort. Call me if you'd like and I'll try to help.
David Baker
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