Legal Question in Bankruptcy in Nevada

I am filing Chapter 7 bankruptcy in Nevada. I just found out that we will be receiving a bonus at work after my case is discharged. I didn't know about this bonus, therefore I didn't claim it on the bankrupcy. Can the court take all, or a portion of the bonus after it case is discharged?


Asked on 11/30/09, 6:55 pm

1 Answer from Attorneys

Paul Malikowski Malikowski Law Offices, Ltd.

An Ohio Bankruptcy Court has treated the legal issue your inquiry raises, presenting similar facts, at this link:

http://www.google.com/url?sa=t&source=web&ct=res&cd=1&ved=0CAcQFjAA&url=http:/2Fwww.ohnb.uscourts.gov/judges/Judge_Whipple/op_20020918_In%20re%20Harman_maw_01-36776.pdf&ei=9CwbS7OKN86IkAXT68DPAw&usg=AFQjCNHdUfbKXGD6CTj2ntlKBi-8Yj9ryw&sig2=E3Nx9gVbWiRaO8r_hcXkEQ

The Court stated:

"As the words of Section 541 illustrate, there is a temporal distinction between property interests acquired by the debtor before the commencement of the case and property acquired by the debtor after the commencement of the case. Except as otherwise specifically set forth in Section 541(a)(5), the latter is not property of the estate and therefore not subject to turnover for payment of creditor claims. In this case, the question is therefore whether [the employee Debtor] had any pre-petition interest in or right to payment of a bonus from [the Debtor's employer] that became property of his bankruptcy estate on November 1, 2001, when the case commenced."

Your attorney can explain further.

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Answered on 12/05/09, 11:13 pm


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