Atlanta, GA asked in Bankruptcy for Georgia

Q: Chapter 13 Bankrruptcy (GA) Will a trustee try to take an inheritance?

I have 8 months left in my Chapter 13 and never missed any payments. In a month or so, I’ll be getting a $25K inheritance. Is it likely the trustee will try to take it? I have an attorney who will file a Motion to Retain, just thought to get a second opinion.

***UPDATE***

Motion to Retain was filed and I’m super scared! A hearing is pending, do trustees typically allow filers to keep an inheritance? I owe roughly $8K and never missed a payment. I hope I can keep the $10K inheritance. Do creditors normally attend and dispute? Trying to get a feel for the process and what to expect. I trust my attorney but want insight from other experts.

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1 Lawyer Answer
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: As long as you’ve been in the 13, you should be fine.

1 user found this answer helpful

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