Legal Question in Bankruptcy in Virginia

Inheritance and chapter 13

I filed chapter 13 in May, 2006 and have made my required payments. However, due to prior bankruptcy I can not be discharged. My uncle passed away in september, 2006 leaving me an inheritance.

Will I receive this inheritance or will it go to the trustee.


Asked on 7/10/07, 9:21 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Inheritance and chapter 13

Strictly speaking, it will not go to the trustee, but you may be required to modify your plan to increase payments if you are paying less than 100% to creditors, and in any event, it will be there for the creditors when you have completed your plan. The best way to deal with this will differ from case to case, so consult with your lawyer (or get one if you don't have one).

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Answered on 7/11/07, 12:33 am


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