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Eugene S Melchionne's Answers
- 3 Legal Answers
- 0 Legal Guides
3
Attorney answers:
Should you file for bankruptcy after having paid a third of your debts usign retirement funds?
It is unlikely that any of the retirement funds can be recovered at this time and if they were recoverable, they would only go back to your parents creditors. However, they need to take action quickly if there are lawsuits pending against them. As it stands right now, they may be able to fully exempt their house from any creditor action, but if they delay, judgment liens can attach to the house which may become difficult to remove later. They will need to disclose the out-of-country real...
1
Attorney answers:
Can you file for bankruptcy after getting money from a divorce
This depends on whether the money would be exempt under the laws applicable in your state. If you really want the money to go to her creditors, have the divorce or separation agreement provide that you are to pay her creditors that money directly.
1
Attorney answers:
What newly acquired assetts can the Bankruptcy Court capture from you for up to a year after declaring Bankruptcy?
Inheritances received from a death occurring within six months (not one year) after you file are recoverable by the Trustee. There is no bargaining with your creditors at that time; each creditor will get a pro-rata share of the inheritance. If there is money left over after Trustee's fees, etc. and everyone is paid 100%, you get the balance. The other items you mention are income. Income earned after you file bankruptcy is not subject to claims of creditors if you get a discharge. The...