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Inheritance after chapter7 discharge

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Anonymous
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Inheritance after chapter7 discharge

Hello Smiley Happy

Recently my husband filed for bankruptcy and during the 341 meeting the trustee asked him about backpay that is owed to him. Basically, he's in a union and they are currently and has been (over 2 years now) negotiating a new contract, so once the contract goes through they will have to pay my husband the difference in backpay. We estimated that to be around $10k and the trustee says that if it comes out to be even a cent more we have to disclose that information to them. We asked our attorney after the meeting if this still needs to be disclosed even after discharge and he said yes. I guess the trustee can determine how much, if any, they would take to pay back the creditors based on the amount he receives.

 

Recently, I have come to find out that I have health issues and that I may not have much time left. We have life insurance on us through his employment and I'm worried that if something happens to me before the one year anniversary of the discharge, that he'll lose the payout (or a portion of it) which he'll need as we have 3 young children and would need that money to pay for childcare amongst other things.

 

Does anyone have any insight on a situation like this? Does he have to report the life insurance payout if he receives one? I could ask the attorney but haven't done so as I haven't yet told my family about my health diagnosis.

 

 

 

 

 

Message 1 of 9
8 REPLIES 8
Lurker22
Established Contributor

Re: Inheritance after chapter7 discharge

Wow thoughts and prayers to you!

 

Two thoughts 1) yes discuss it with the attorney when you're ready 2) if the answer is yes the trustee will be able to grab any of it meet with a estate planning attorney to structure anything/everything you have to go directly to the kids so the trustee can't touch it (would be best to have the 2 attornies work together on this, typically bankrutpcy attorney's aren't extremely well versused on estate planning) 

Message 2 of 9
GApeachy
Super Contributor

Re: Inheritance after chapter7 discharge

Oh this pulls at my heartstrings.....when we were drawing up our Wills we had choices, none of which I wanted to make but it's a must of course.  Is there a way to make your children the beneficiaries so as to bypass certain rules or whatever it's called even though it's through your dh's employment? Heart Hugs, hugs, hugs and all the best to you!Heart

My Take Home Pay Don't Take Me Home
Message 3 of 9
MyDataMyChoice
Valued Contributor

Re: Inheritance after chapter7 discharge

You can change the beneficiaries... set up a trust as the beneficiary etc... talk to a Financial Advisor and an Estate Attorney.




Message 4 of 9
Anonymous
Not applicable

Re: Inheritance after chapter7 discharge

I believe looking up "Spend Thrift Trust" could be beneficial for you. 

Message 5 of 9
Anonymous
Not applicable

Re: Inheritance after chapter7 discharge

Are you sure it's one year following the discharge? My understanding is that you are only on the hook during the 6 months following the discharge not one year.  Also my understanding was the trustee can't touch any employment related money regardless of the amount during this time.  Any other money is a different story. Lottery winnings, court cases you win money from, inheritance.  I would check again with your attorney about the time frame.  Same with the employment money you mentioned. Might want to confirm that.  Maybe it's a state thing. Not sure which state you are in.

Message 6 of 9
Anonymous
Not applicable

Re: Inheritance after chapter7 discharge

Thank you, everyone. I guess with everything going on I didn’t even think about changing the beneficiaries. I will, however, look in to all suggestions. I’ll also speak with an attorney to make sure we do this right and will hopefully be ok.
Message 7 of 9
Anonymous
Not applicable

Re: Inheritance after chapter7 discharge

Thanks for the prayers ❤️
Message 8 of 9
Anonymous
Not applicable

Re: Inheritance after chapter7 discharge

Thanks for the much needed hugs and we’ll wishes <3
Message 9 of 9
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