Legal Question in Bankruptcy in Michigan

We are considering filing chapter 13, we are going to take some money out of our annuiety to get us by, try to make things work without the chapter 13. Our question is can the chapter 13 bankrupsey court touch out annuiety even though it hasn't matured? Could the court 'see' that we have gotten some money out of it for our expenses?


Asked on 8/28/09, 10:33 am

1 Answer from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

You need to discuss your situation with a bankruptcy lawyer prior to taking any steps such as witthdrawing money from your annuity. Questions like this cannot be answered yes or no, as there are multiple factors to consider and the answer depends on your overall situation. Yes, the court will see that you withdrew money and will ask what you used it for - when you file bankruptcy, the court is entitled to all information concerning every single asset and debt. That does not mean they will deny your bankruptcy or find that you did anything wrong, however, as you are entitled to use money for normal living expenses. You are going to have countless questions such as this if you are considering bankruptcy, or once you get into a bankruptcy, and the earlier you consult with legal counsel, the better.

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Answered on 9/02/09, 5:30 pm


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