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Acquiring Assets Mid Bankruptcy?

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    Acquiring Assets Mid Bankruptcy?

    I am in ch.7 Bankruptcy awaiting a continuation of my 341 meeting. There is a new developement in the spendthrift Trust which I am 1/3 beneficiary of. The trustee of the Trust and all beneficiaries might be agreeing to terminate the Trust. Of course sense its a spendthrift trust this will take a court hearing and the consent of the trust trustee and all beneficiaries. There is a house I will get 1/3 title of and possibly and some tens of thousands of dollars I would acquire.
    Should I inform my BR trustee of this even though it may be months away and is pending a court decision. My guess is yes.
    I know these assets except for the house would become part of the BR estate, but what happens if I acquire assets during bankruptcy that exceed my dischargeable debt? Will they give me back the extra money that is not applied to discharged debt? or try to roshambo it?
    Perhaps I should try to convert to chapter 13 with this new developement.
    Does anyone know how this might play out in my bankruptcy?
    Any feedback is appreciated.

    #2
    Unless you filed pro se you need to start with your attorney.

    If your trust distribution might exceed all your dischargeable debt, I think you may be able to dismiss the BK at any time up to grant of discharge. So I wouldn't rush to the Trustee with this, it's speculative. But if it becomes less speculative at some point you'll definitely need to disclose.
    Chapter 7 Filed 8/11/2009, Discharged 11/23/2009

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      #3


      Blog post about trusts and potential exposure.

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