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Ch.7 Bankruptcy - Inheritance from foreign country

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rebos630

Junior Member
What is the name of your state? Indiana
I'm going to try this post again (typed the whole thing once, was logged in, hit submit, and it said 'must be logged in' and didn't post this message!)
I filed for Ch.7 BK in November, 2006 and 3 weeks later my father passed away. I am listed as a benificiary on the will, which means that this inheritance to which I am entitled is subject to 'seizure' for the calculations of my assets for payment to credtors (within the 6 month window from the date of filing). This will was executed in Quebec (Canada), and there is an article in my father's will, which is also a part of the law in Quebec, that proceeds from an estate cannot be subject to seizure for payment of a benificiary's creditors. I have searched high and low, and yes have asked my BK attorney, to no avail, for answers to these 2 questions:
1) What, if any, authority does a U.S. law (e.g. Bankruptcy law) have to override/overwrite or otherwise disqualify an article of a law of a foreign sovereign law (e.g. Quebec law)? Which law holds up/ takes precedence in a case such as this?
2) What, if any, effect or consequence would or could occur if I were to renounce my inheritance? The will has not yet been finalized.
Any and all advice and guidance would be appreciated and gratefully received.
Thanks .....What is the name of your state?
 


JETX

Senior Member
1) What, if any, authority does a U.S. law (e.g. Bankruptcy law) have to override/overwrite or otherwise disqualify an article of a law of a foreign sovereign law (e.g. Quebec law)? Which law holds up/ takes precedence in a case such as this?
Pretty simple. The authority is set at the minute those funds 'step' across the border into the good old US of A.

2) What, if any, effect or consequence would or could occur if I were to renounce my inheritance?
Your bankruptcy would likely be denied. You simply can't deny valid funds in order to avoid paying your bills..... and it makes NO sense to do so.

Any and all advice and guidance would be appreciated and gratefully received.
Seems pretty simple....
File a motion to voluntary withdraw your bankruptcy petition. Receive funds. Pay off creditors.
 

bigun

Senior Member
What's the status of your bk? If you filed in Nov. you should either discharged or, close to it.
 

rebos630

Junior Member
Status of BK

What's the status of your bk? If you filed in Nov. you should either discharged or, close to it.
Hello again ....
I received the discharge about 2 weeks ago. The trustee had added a condition of a waiver of exemption to the Quebec law (and the article in the will), which allowed for the case to be discharged.
As to the other previous post suggesting simply to obtain a dismissal of the BK, receive the inheritance and pay off the creditors - there will be nowhere near enough in the inheritance to even make a dent in the total debts. The point of my inquiry is know of the truth of the laws involved, in that the 2 laws "conflict".
Thanks again ....
 

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