Legal Question in Bankruptcy in Oregon

I filed bankruptcy last week and today received a check in the mail for $1400.00 from the national mortgage settlement fund. Can I keep this money?

Asked on 6/14/13, 6:55 pm

1 Answer from Attorneys

David Clarke David C. Clarke, Attorney at Law

If your bankruptcy was a Ch 7, then it may not matter. If you are in a Ch 13, then it definitely needs to be reported to the trustee. A Ch 7 bankruptcy only looks at what assets and liabilities you have on the date you file. Anything that comes after is not considered. However, if you were entitled to the $1400 on the date you filed, then it would be considered a current asset and should be reported. Determining whether you were entitled to the money is the issue. I can't comment on how to answer that question. You should go back to your bankruptcy attorney and ask him/her to figure it out.

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Answered on 6/17/13, 12:24 pm


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