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Bankruptcy exemptions can be applied in your bankruptcy to protect inherited assets. For example, if you inherited a home and made it your homestead, you might be able to use the homestead exemption to protect the home. This also applies to other asset types, such as jewelry or a vehicle.
The Chapter 13 Plan must: provide for payments of fixed amounts to the trustee on a regular basis, typically monthly. provide for the full payment of all claims entitled to priority under section 507 such as taxes and child support (unless the holder of a particular claim agrees to different treatment of a claim)
Debts not discharged in chapter 13 include certain long term obligations (such as a home mortgage), debts for alimony or child support, certain taxes, debts for most government funded or guaranteed educational loans or benefit overpayments, debts arising from death or personal injury caused by driving while intoxicated
CHAPTER 13 BANKRUPTCY If you have a month where you receive an unexpected lump sum or windfall, you must pay the lump sum in to the bankruptcy as well. Just like in Chapter 7 Bankruptcy, however, you get to keep whatever you win after the creditors are paid off.
You can protect your inheritance by using a bankruptcy exemption that either protects inheritances specifically. This is most notable with regards to inheritances between spouses. Talk to your bankruptcy attorney about the options.
If your Chapter 13 plan payment is too high, you can sometimes get it lowered if you encounter a reduction in household income. If your income reduces, you are many times also allowed to reduce your plan payment. This is accomplished usually by filing a Motion to Modify your Chapter 13 plan.
California law does allow creditors to pursue a decedent's potentially inheritable assets. In the event an estate does not possess or contain adequate assets to fulfill a valid creditor claim, creditors can look to assets in which heirs might possess interest, if: The assets are joint accounts.
Will You Lose Your Inheritance or Cash Gift in Chapter 13 Bankruptcy? Luckily, unlike in Chapter 7 bankruptcy, the Chapter 13 trustee does not liquidate your property and distribute it to your creditors. In Chapter 13 bankruptcy, you get to keep all your property.