Legal Question in Bankruptcy in Montana

Death of spouse after Chapter 7 Bankruptcy Discharge granted

I filed chapter 7 in 12/02. My husband had been diagnosed w/cancer in 8/02 and was unable to work. We had a great deal of debt in my name, and due to our reduction in income could not pay our bills. I filed and my husband did not. My discharge was granted 3/11/03. My husband died suddenly and unexpectedly on 3/20/03. I am his beneficiary of a small life insurance policy and a 401K account.

He is also due a tax refund for 2002. Can the Bankruptcy Trustee claim any of this money?


Asked on 4/08/03, 12:40 am

1 Answer from Attorneys
Jay Maynard Attorney at Law

Re: Death of spouse after Chapter 7 Bankruptcy Discharge granted

First of all, allow me to express my heartfelt condolences on the loss of your husband. I certainly understand that this is a stressful time for you. However, if you filed a Chapter 7 and it was discharged on 3/11 -- if you won the lottery on 3/12 -- you would keep the money. The discharge is when everything is over.

In many instances like this, some people will actually go back and pay some of the creditors they filed bankruptcy on, but it is not required.

I wish you the best and it is my sincerest hope that your husband was saved as is now in Heaven with God.

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Answered on 4/08/03, 8:12 am


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