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Curiosity on my part....

Posted by ivamae (My Page) on
Fri, Jul 28, 06 at 9:59

I'm wondering how the laws in Canada compare to the laws in the States in regard to bankrupcy and bequeaths. I live in Canada. When my husband died one of my step sons had declared bankruptcy several months before. Everything his father left him went directly to the bankruptcy court. Does the same thing happen in Florida and if so, how long after declaring bankruptcy would this still be the case. My husband, who was very much aginst decalring bankruptcy, would have been so very upset if he had known his son was going to declare bankrupcy and that this was going to happen.
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RE: Curiosity on my part....

Bankruptcy law is Federal law in the U.S. so whether its Florida or some other state--the result would be the same with regard to inheritance. One of the questions they ask at the first hearing of a bankruptcy case is whether you are going to inherit money, or whether you are involved in litigation or something that would bring money in so that creditors could be paid. So they know at the outset of the case that you might inherit.
It is possible (and highly likely) for the court or the trustee to keep the case open longer than usual if there is a sum of money coming in from any source.
Generally, if your case is closed and you have received a discharge (its all over) and then somebody dies leaving you money the limit is probably 6 months from that date.
And the 727 after my name is a section of the bankruptcy code that describes what happens if they discover you have tried to hide assets.


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RE: Curiosity on my part....

Thanks for your reply. Can you also tell me how long it usually takes from the first court hearing until you are completely out of it. The person I am thinking to, did inheirit money - substanial amounts, on 2 ocasions, after applying but was completely unaware that this was going to happen

thanks

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