Inheritance after Bankruptcy

[Hawkeye00]

What is the name of your state? NY

My brother passed away recently and left an inheritance. My mother who is a beneficiary had also just previously filed and had her bankruptcy discharged.

I have heard that she must wait 6 months after bankruptcy discharge to accept inheritance funds to avoid any problems or issues related to the bankruptcy. I also read conflicting information that indicates it is 6 months after filling date as oppossed to discharge date ?

Can anyone adsvise with certainty if it is filling or discharge date that should be used to start counting the 6 month period ?

[Ladynred]

It is within 6 months of the FILING DATE. However, if you inheritance was to be yours BEFORE you filed, the Trustee could take it at any time because then it was part of the bankruptcy estate and you stood to collect at some later date.

[AttorneyOney]

Originally Posted by Hawkeye00

I have heard that she must wait 6 months after bankruptcy discharge to accept inheritance funds to avoid any problems or issues related to the bankruptcy. I also read conflicting information that indicates it is 6 months after filling date as oppossed to discharge date ?

Any inheritance that a debtor BECOMES ENTITLED TO within 180 days after the filing date is part of the estate and must be reported to the trustee. The date of actual distribution is not relevant.