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Steve, as you may know, all Chapter 7 and Chapter 13 filers must attend a "meeting of creditors" hearing held approx. 30 days after filing. During that hearing the bankruptcy trustee will ask if the debtor has inherited or expects to inherit money from a relative. The point is that inheritance is a significant source of assets for bankruptcy trustees to administer. Therefore, one of the questions I ask potential BK clients is "do you have an elderly or sick parent or relative who may leave you money?" I have seen several instances in which the trustee seized some or all of that inheritance, and I have also represented several clients in which a trust (properly disclosed) avoided that problem. Jonathan Ginsberg
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Nov 10, 2010