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After Discharge

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nomadic_traveler
Regular Contributor

After Discharge

If all goes well next week I'll be getting my Ch7 discharge.  I'm going to have a quick chat with my attorney then about some things but wanted to get some insite here first.

 

I may be completely wrong on this or have gotten the details incorrect but I read somewhere or someone told me that during the 6 months following the discharge if I come into a large sum of money not employment related that I have to let the trustee know about it and they could come for it to pay the creditors?  Is that true?  If so, do they ask for bank records at some point to verify where my income came from?  So for example if I won the lottery or won a court case. Anything not employment related.

 

 

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2 REPLIES 2
FireMedic1
Community Leader
Mega Contributor

Re: After Discharge

Just inheritence is the issue (180 days after "filing").

Gambling winnings, lottery, etc won after the case is filed are yours to keep. However, with lottery, it depends on when you bought the ticket. I suppose the trustee could make a convuluted argument that if you used estate assets to gamble, then the winnings belong to the Bankruptcy estate. However, since you are post discharge, that would most likely be a non-issue.

 

But, let's suppose you filed your BK, but before discharge you sold a junker car for $500 that was exempt and took that money to the Casino and won $20,000. The trustee has an argument that during the pendency of the BK, the car belonged to the BK estate (which it does) and therefore the fruits of those funds also belong to the BK.

 

I wouldn't worry too much about the lottery. You have a better chance of getting eaten by a shark in the bathtub.


Message 2 of 3
nomadic_traveler
Regular Contributor

Re: After Discharge

Ha.....very true about the lottery.  Ok so only inheritence.  Well that's good to know.

 

And you are saying 180 days after "filing? so only 3 months to go on that.  Will they ask for bank records after the 180 days are up?

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