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    Inheritance Follow Up

    Good Morning Everyone,

    I am currently in a Chapter 13; have made 26 payments; 34 to go.

    I talked to my brother on Wednesday. He told me that the attorney handling my mom's estate is sending me 2 insurance checks (I was named as co-beneficary on 2 insurance policies). The total for the insurance proceeds is $8,500 and I have already received $2,000 from the will which I am holding. This totals $10,500. I will be advising my attorney as soon as I receive the checks, which should be next week.

    My question is do you think that if I send a letter of explanation to my attorney explaining that DH has to have 2 knee replacements with approx. $3,000-$4,000 out of pocket expenses that the trustee will work with me? I don't want the money, If possible, I really would like the trustee to apply the money as follows:

    $6,000 against the plan. This would pay 12 months against the plan, making my 60th payment on 05/2009 instead of 05/2010.

    $4,500 against my auto loan which I am paying outside of plan. My final payment would be 10/2008 instead of 10/2009.

    I realize that the trustee can take the $$ and give it all to the creditors without touching my plan and I am really hoping that doesn't happen. I have done alot of research but it appears that it depends on the trustee, district, full moon, etc., etc.

    DH should really have his right knee done now, but no $$ for all of the out of pocket expenses. We are both hoping that if we can get out of BK prison sooner, then he can get his knees done without the BK thing hanging over our heads.

    Any suggestions or ideas would be great. I don't think what I am proposing is bad; I am giving the trustee every penny...I am just requesting that it is applied to get us out sooner so we can do the knee thing. I have tried not to think about this, but now the time has come to dance with the trustee and I am getting back this "throw-up" feeling that I had when I filed.
    sigpicPersevere: "To continue a course of action, in spite of difficulty, opposition or discouragement."

    Chapter 13: Discharged 03/15/2010. Closed 05/19/2010::yahoo::yahoo::yahoo::yahoo::yahoo:

    #2
    Ok, sad situation here,

    If you think the Trustee is going to pay your car off, not going to happen....

    Trustee will seize the entire inheritance and apply it to the creditors probably.

    Doesn't make any difference what you would like to do, want to do, or wish the trustee would do......

    The inheritance will pass from your hand to the trustee, so you can kiss it goodbye, I'm most certain.

    Unfortunately this is what happens when you inherit during the bankruptcy process.

    The trustee sees assets to pay the creditors with...... at your expense.....

    Sorry to be the barer of bad news.......
    Minny

    "It's amazing the paths that our feet sometimes follow in life".

    My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

    Comment


      #3
      Thanks Minnymouth. You haven't said anything that I have not already thought of. I am anticipating the worst and hoping for the best. Whatever happens, happens. It is not worth hiding and getting dismissed or going to jail. BK sucks!!!!!!!!!!!!!!!!!!!!!!!!!!!
      sigpicPersevere: "To continue a course of action, in spite of difficulty, opposition or discouragement."

      Chapter 13: Discharged 03/15/2010. Closed 05/19/2010::yahoo::yahoo::yahoo::yahoo::yahoo:

      Comment


        #4
        Unfortunately the only good that will come out of this is if your paying 100% it will help pay off your BK faster.......less months to pay.....

        So be prepared to turn it over to the Trustee....
        Minny

        "It's amazing the paths that our feet sometimes follow in life".

        My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

        Comment


          #5
          In the back of my mind, I know that I have to turned it over to the trustee...the down side of doing a chapter 13. I have already prepared myself for that since April when my mom passed away. What really makes me sick is that DH can hardly walk some days, but I don't have the $$ for the out of pocket expenses to get his knee done. No wonder why so many people bail out of their chapter 13 plans and get dismissed. It is a no win situation.
          sigpicPersevere: "To continue a course of action, in spite of difficulty, opposition or discouragement."

          Chapter 13: Discharged 03/15/2010. Closed 05/19/2010::yahoo::yahoo::yahoo::yahoo::yahoo:

          Comment


            #6
            Did you file yourself, or did you file jointly???

            How much longer do you have in the 13 plan, and are you paying back at 100%??

            Unfortunately, bk is not based on someone's "health issues".......

            If you filed jointly - it's possible that you can have the surgery done, pay it on a payment plan, after getting permission from the Trustee, and lower your Chapter 13 payments to help make the payment for the knee surgery.....

            Same principal as if you needed to buy another auto or had emergency surgery of some kind.

            This is something you might need to run by the Trustee in your case......
            course your doctor would have to accept payments.....

            It's a thought
            Minny

            "It's amazing the paths that our feet sometimes follow in life".

            My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

            Comment


              #7
              Thanks for your response Minnymouth. And to think that I could not feel worse than I already did.
              sigpicPersevere: "To continue a course of action, in spite of difficulty, opposition or discouragement."

              Chapter 13: Discharged 03/15/2010. Closed 05/19/2010::yahoo::yahoo::yahoo::yahoo::yahoo:

              Comment


                #8
                I'm a little confused

                My attorney told me that if we were to inherit any money, the only time that it would be of interest to the trustee is within 6 months of filing??? Is that wrong?

                Comment


                  #9
                  Only if you did a Chapter 7. If you receive an inheritance anytime while you are in a Chapter 13, you want to notify the trustee and he takes it.

                  BTW-My attorney e-mailed the trustee my letter advising of the inheritance andy my request on 08/11/07. I have not heard anything yet. I am sure that I will hear shortly that the trustee wants it...Oh well, it is sitting in my savings account accruing interest...easy come....easy go.
                  sigpicPersevere: "To continue a course of action, in spite of difficulty, opposition or discouragement."

                  Chapter 13: Discharged 03/15/2010. Closed 05/19/2010::yahoo::yahoo::yahoo::yahoo::yahoo:

                  Comment


                    #10
                    I wouldn't say a word! Put it in the bank. Let it sit there. If the trustee discovers it, let him take it. If you still have the money when he wants it, he's not going to dismiss your case. I wouldn't hand over 8,000.00 unless he asked for it.

                    Comment


                      #11
                      I did what I was supposed to do. I notified my attorney, who in turn notified the trustee. Now I will be as quiet as a church mouse
                      sigpicPersevere: "To continue a course of action, in spite of difficulty, opposition or discouragement."

                      Chapter 13: Discharged 03/15/2010. Closed 05/19/2010::yahoo::yahoo::yahoo::yahoo::yahoo:

                      Comment

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