Articles Tagged with Inheritance

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Bankruptcy Lawyer Bryan W. Stone answers the question: “What are my alternatives to bankruptcy?”

We like to think that when someone takes the big step of filing for bankruptcy, they do so only when it’s absolutely necessary. The bankruptcy process was created to offer relief to individuals struggling with burdensome debt loads, not to be abused by those simply trying to stall creditors. Though the vast majority of those who file for bankruptcy protection do so as a last resort to avoid financial disaster, there are some who take advantage of aspects of the system for their own benefit.

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Grave Stones Charlotte Bankruptcy Lawyer North Carolina Bankruptcy Attorney

In bankruptcy, timing can be very important. A recent case out of the Fourth Circuit illustrates this point, with a couple arguing that they ought to be allowed to keep their inheritance since they received it more than 180 days after their bankruptcy claim was filed. While the somewhat arbitrary 180-day rule might work to keep inheritances out of a bankruptcy estate in some cases, especially in Chapter 7 bankruptcies, the Court in this case went another way.

 

The Fourth Circuit Court of Appeals issued its decision this week regarding a bankruptcy case where a person who filed a Chapter 13 received a $100,000 inheritance. The Court ruled that the bankruptcy judge who handled the case was right to decide that the debtor’s inheritance ought to be considered part of the bankruptcy estate.

 

The case began when a couple, Rickey Dean and Cheri Carroll, filed for Chapter 13 bankruptcy protection. Under their repayment plan they agreed to make payments for 60 months. Three years later, the debtors notified the bankruptcy court that Dean’s mother had died and they expected to receive $100,000 in inheritance money. Because this inheritance occurred while the Chapter 13 remained open, the bankruptcy trustee attempted to modify their existing repayment plan to include this inheritance money.

 

Dean and Carroll vehemently objected, but the bankruptcy court overruled their objections, deciding that the inheritance money was part of their overall estate and that it ought to be included in the plan to pay back creditors. The two then appealed the ruling to the Fourth Circuit, arguing that the money should be excluded from the bankruptcy estate because it was acquired more than 180 days after the bankruptcy had been filed.

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