Legal Question in Bankruptcy in Ohio

I filed for Chapter 7 in May 2001 and my debts were discharged in October of the same year in Ohio. My mother died October 1, 2009 and has left me a sum of money. Is this money safe from creditors? She was living in Texas at the time of her death.


Asked on 10/14/09, 5:37 pm

1 Answer from Attorneys
David Michael Benson Benson Law Firm

The Bankruptcy Code provides that an inheritance becomes part of a Chapter 7 debtor's bankruptcy estate if the decedent dies before the case is filed or within 180 days after the case has been filed.

However, this protection from the reach of creditors applies only to debts that were incurred prior to the bankuptcy filing. Any post-filing creditors may seek payment out of any current assets, including those acquired from a recent inheritance.

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Answered on 10/15/09, 12:28 pm


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