Legal Question in Bankruptcy in West Virginia

Filing date and new law

My wife filed for bankruptcy in 1999 before we were married. The case still

has not been finally resolved because of issues with her father's estate of

which she was the sole beneficiary. She's concerned that the changes in the

law will mean her debt will not be discharged. I told her that the law only

applies to filing and since she already filed and receives no collection notices,

her debt is already discharged and the law will not affect her. Am I correct?

Also, the house she inherited was sold to help pay her debts. But she filed for

a 15,000 dollar real property exemption which she could do under WV law.

Will she still be eligible for this exemption once probate is resolved? Where

would that money be now?


Asked on 10/13/05, 2:44 pm

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: Filing date and new law

Most of the changes only apply to cases filed on or after October 17, 2005. The estate would include any asset she would be entitled to inherit because of a death within 6 months after the date of the filing. Excuse the short answer, We are busy here on the eve of the change. She should go to the lawyer who filed the case, he should be able to advise her. She could also discuss the estate with the Trustee.

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Answered on 10/13/05, 4:10 pm


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