Legal Question in Bankruptcy in Missouri

Can a bankruptcy court take a gift of money given to you and your children(seperate checks)?

I want to open savings accounts for each kid with this money.


Asked on 2/14/10, 2:43 pm

1 Answer from Attorneys

Alicia Beeler Villines Alicia Beeler Villines (sole practitioner)

Yes. All your property on the date of filing is considered property of your "bankruptcy estate."

You get to keep any property for which the law provides an exemption.

There is a $600 "wildcard" exemption (513.430.1(3) RSMo) and a "head of household" exemption ((513.440 RSMo) of $1250 + $350/dependent minor child that could be used to shelter bank accounts.

It is my understanding that under certain limited circumstances, carefully drafted trust instruments can protect assets for minors. Consult an attorney familiar with drafting wills and trusts. Otherwise, property of a minor is usually attributed to the parents. Imagine for a moment the potential for abuse if this were not so.

In bankruptcy, you must list ALL your assets and ALL your debts. Many people want to "keep [property/debt] out" of bankruptcy. This really isn't an option. You may elect to pay a debt after the bankruptcy, or if an exemption is available to shelter property, you can keep it.

I don't know how much money you're talking about, but unless the sum is pretty insignficant, you probably need to rethink your strategy.

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Answered on 2/25/10, 9:26 am


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