Legal Question in Bankruptcy in Michigan

I am filing chapter 13 and a relative passed away 6 months ago I recieved a check before filing and have not cashed it how does this work it is nowhere near enough to stop us from filing bankruptcy and would not make a dent in what we owe. I know if the family member passes away 6 months after you file you have to amend but what if they passed 6 months before how does that work.


Asked on 1/24/10, 6:30 pm

1 Answer from Attorneys
Audra Arndt Audra A. Arndt & Associates, PLLC

Don't you have a lawyer? When filing bankruptcy, you are required to disclose all assets and liabilities, including any income that you anticipate receiving, whether it be a monetary gift, inheritance, lawsuit settlement, etc. That does not mean that you will have to forego that money. Since you are filing a Ch 13, what difference does it make? You must be honest with the court and disclose everything. If you do not, the court assumes you intentionally lied and withheld information, and you can face criminal charges, along with the denial, reversal, or dismissal of your bankruptcy.

You should discuss this with your lawyer and if you don't have one, and would like to have a brief consultation with me, please feel free to contact me to set up an appointment and discuss the legal fees. Thanks.

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Answered on 1/30/10, 2:30 pm


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