Colorado Springs, CO asked in Bankruptcy for Colorado

Q: I filed chapter 7 two weeks ago and now I have won the lottery. What happens now with my case?

I filed pro se and I am unsure if I need to file anything or request a dismissal. Are my lottery winnings part of my estate even though I won after filing?

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2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: File a motion to voluntarily dismiss your petition, pay your creditors off, then enjoy the rest of your winnings.

Kevin Scott Neiman
Kevin Scott Neiman
Answered
  • Bankruptcy Lawyer
  • Denver, CO
  • Licensed in Colorado

A: If you purchased your ticket before you filed for bankruptcy, technically you should have listed the ticket in your bankruptcy schedules and must turn your winnings over to the trustee, unless you can claim the winnings as exempt. The winnings are proceeds from the ticket that became part of your bankruptcy when you filed.

If you bought your ticket after you filed, and you did not use hidden assets to buy the ticket, any winnings are yours to keep.

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