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If you file for bankruptcy and then get an inheritance, are you required to repay the debt under the bankruptcy?

Wood-ridge, NJ |

There is some credit card debt, and a large debt for a hospital stay and surgeries performed at that hospital. In addition, this is the second time filing bankruptcy in 11 years.

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Attorney answers 3


An inheritance is one of the few assets that you might receive after filing for bankruptcy that can be reachable by a bankruptcy trustee. The inheritance is reachable if you receive it within the 180 day period after you file for bankruptcy. It is intended to discourage the distasteful type of bankruptcy planning where someone with debts files for bankruptcy protection when hearing the news that the death of a wealthy relative is imminent.

But the 180 days applies to everyone regarding of nefarious motive or simply bad timing.


You are required to report your inheritance to your bankruptcy attorney or to the bankruptcy trustee upto 6 months after the date of discharge. Best of luck.


I agree with both attorneys. It is all in the timing. Talk with your BK attorney.

Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.

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