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Does probate allow creditors of a Bankruptcy previously filed to come back and make claims with the probate of estate?.

Temple, TX |

Texas probate requires that all debts be paid from estate before estate can be setteled.
I do not owe on house or car or furniture. Can the creditors of a previous bankruptcy make claim against estate
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Attorney Answers 3


  1. the short answer is that it depends. If the case was filed within 180 days and the inheritance is received by the Debtor within that period the Chapter 7 trustee has a right to be notified and paid out any inheritance the debtor received. You should speak with a Texas licensed attorney or your bankruptcy attorney in the case. it depends on when you case was filed whether you have to disclose it to the trustee.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.


  2. Depends on timing and whether the debts were discharged in the prior bankruptcy. See a local bankruptcy lawyer to determine how this relates to your situation.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (L.L.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax and SpecialNeedsNJ.com/blog for timely updates. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.


  3. If the debt was discharged in the bankruptcy, the probate attorney should object to the claims. But if the bankruptcy did not end with a discharge, the creditors are entitled to collect from the estate because the debts are still valid.

    Hope this perspective helps!

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