Legal Question in Bankruptcy in New York

Re: Bankruptcy - Discharge of debt

In the inimitiable style of a lawyer's answer to any question, the best, but completely unsatisfactory, response to your question is IT DEPENDS. Sorry, but I don't have enough information to give you a definitive answer.

Do your grandmother's financial records reflect how much money she provided to you? Is there an indication somewhere that the amount was a loan? If it was a loan, did you repay any of it? Was the money a gift (not to be repaid)? Which was larger, the amount you owed or the amount you listed in your bankruptcy petition? What amount of time elapsed between your grandmother giving you the money (the last of the money she gave you) and your bankruptcy filing? Etc? Etc? Etc?

Bottom line, you'll need to hire a lawyer, provide the information the lawyer asks you for, of which the above questions provide a pretty minimal outline, and go from there. The collision of bankruptcy with wills and estates can get pretty messy. I'm not far from you; feel free to give my office a call for a free half-hour consultation.

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