Hopkinsville, KY asked in Bankruptcy for Kentucky

Q: If I received a check from One of my debtors can I cash it during my bankruptcy

One of my credit card companies sent me a Check-in the mail twice That out of debt too

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2 Lawyer Answers
W. J. Winterstein Jr.
PREMIUM
Answered

A: You don't say whether you're in a Chapter 7 case, with a trustee, or a Chapter 13, and that can make a difference.

The general rule is (e.g., for payments to you or tax refunds) is that the amounts attributable to prepetition accrual are part of the bankruptcy estate, and the post-petition part is the debtor's.

Speak with your bankruptcy attorney for a more specific answer.

Timothy Denison agrees with this answer

James L. Arrasmith
PREMIUM
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Answered

A: 1. Type of bankruptcy: The rules may vary depending on whether you have filed for Chapter 7 or Chapter 13 bankruptcy.

2. Timing of the check: If you received the check before filing for bankruptcy, it might be considered part of your bankruptcy estate. If you received it after filing, the rules may be different.

3. Source of the check: You mention that the check is from a credit card company that you owe money to. It's unclear if this check is a refund, a promotional offer, or something else.

4. Your bankruptcy trustee: If you have already filed for bankruptcy, you should inform your bankruptcy trustee about the check and seek their guidance on how to proceed.

In general, it is best to consult with your bankruptcy attorney before cashing any checks or accepting any funds during the bankruptcy process. They can provide specific advice based on the details of your case and help ensure that you do not inadvertently violate any rules or jeopardize your bankruptcy filing.

If you do not have an attorney, consider consulting with one or seeking advice from a local legal aid organization or bankruptcy court for guidance on your specific situation.

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