Minnesota law generally allows bankruptcy filers to keep inheritances, but there are exceptions. If the inheritance is considered propety exempt from creditors under Minnesota law, you can likely keep it. Contact a Minnesota bankruptcy attorney to discuss your specific situation and ensure you're protected.
When filing for bankruptcy in Minnesota, understanding how an inheritance impacts your case is crucial. If you inherit money or assets during a bankruptcy, it could affect your bankruptcy estate, your debts, and your overall financial outcome.
For personalized details on what happens if you receive an inheritance after filing for Chapter 7 or Chapter 13 bankruptcy in Minnesota, it's wise to consult with a Minnesota bankruptcy lawyer. Some background also explains how these situations are handled within the state's legal framework.
Basics of US Bankruptcy Laws
When considering how an inheritance might affect your bankruptcy case, it's essential to first understand the difference between Chapter 7 and Chapter 13 bankruptcy. Each type of bankruptcy has unique rules regarding income, assets, and debt repayment plans.
Chapter 7 Liquidation Bankruptcy
Chapter 7 bankruptcy is known as liquidation bankruptcy. In this form of bankruptcy, non-exempt assets and personal property are sold, and the proceeds are used to pay off unsecured creditors. Most unsecured debts, such as credit card debts and medical bills, are discharged. However, not all assets are liquidated. Minnesota has specific exemption laws, meaning certain property, such as your home or car, may be protected. Filing for Chapter 7 typically allows a fresh financial start within a matter of months.
Chapter 13 Bankruptcy
Bankruptcy under Chapter 13, on the other hand, involves a repayment plan. Rather than liquidating assets, Chapter 13 reorganizes your debts and establishes a three-to-five-year repayment plan. Debtors must have a stable income to qualify, and they make monthly payments to their creditors through the bankruptcy trustee. At the end of the repayment period, remaining eligible debts can be discharged. In this type of bankruptcy, your disposable income, assets, and future earnings all play a significant role in shaping the outcome of your case.
What is the Bankruptcy Estate?
The bankruptcy estate consists of all the assets, property, and income that become part of your bankruptcy case once you file. In both Chapter 7 and Chapter 13 bankruptcy, the estate is created the moment you file, and it includes all of your property and assets as of that date. However, the estate may also include certain assets you acquire after filing your bankruptcy forms, including inheritances, depending on when you receive them.
Under the Bankruptcy Code, any inheritance, property, or life insurance benefits you become entitled to within 180 days (approximately six months) after filing for bankruptcy may be included in the bankruptcy estate. This means that if you inherit money or assets during this six-month window, they could be subject to the claims of your creditors. How this inheritance is treated depends largely on whether you filed for Chapter 7 or Chapter 13 bankruptcy.
How Chapter 7 Bankruptcy Will Be Affected By an Inheritance in MN
In Minnesota, if you file for Chapter 7 and receive a large inheritance within the 180-day period following your bankruptcy filing, the inheritance becomes part of your bankruptcy estate. This means that the bankruptcy trustee could use your inheritance to pay off your creditors. Since Chapter 7 is a liquidation process, your inheritance may be considered a non-exempt asset, meaning the trustee may seize it to settle debts.
However, Minnesota offers certain exemptions that may protect part or all of the inheritance from being liquidated in bankruptcy court. For example, some life insurance proceeds or property transferred through a will may qualify as exempt. Additionally, it is important to remember that the timing of the inheritance is crucial. If the inheritance is received after the 180-day window, it generally will not be included in the bankruptcy estate.
How Chapter 13 Bankruptcy Can Affect Your Inheritance in MN
Chapter 13 bankruptcy involves a repayment plan that can last between three to five years, meaning that the rules for how an inheritance is treated differ from Chapter 7. If you inherit money while under Chapter 13 bankruptcy in Minnesota, it can affect your repayment plan. However, the timing and amount of the inheritance play a significant role in determining how it is treated.
In a Chapter 13 case, any inheritance received during the repayment period may be considered disposable income and could result in an adjustment to your repayment plan. The bankruptcy trustee might require you to increase your monthly payments to creditors, especially if the inheritance is significant. Unlike Chapter 7, where the estate is frozen at the time of filing (with the exception of the 180-day rule), Chapter 13 continues to monitor your income and assets throughout the repayment period.
For example, if you inherit $50,000 while in Chapter 13 bankruptcy, the trustee may assess your ability to pay more to your creditors and amend your plan accordingly. On the other hand, if your inheritance is relatively small, Minnesota bankruptcy law may allow you to keep it without affecting your plan significantly. Again, speaking with a bankruptcy attorney is essential to understanding how much of your inheritance you can protect.
What If a Non-Filing Spouse Inherits During Bankruptcy?
In Minnesota, if you are married and only one spouse files for bankruptcy, the question often arises as to whether the inheritance of the non-filing spouse will be impacted. The answer to this largely depends on how the inheritance is classified and whether your debts are held jointly or separately.
In a Chapter 7 case, the non-filing spouse’s inheritance is generally not included in the bankruptcy estate, provided that the inheritance is solely theirs. However, if any part of the inheritance is used to pay for household expenses or joint debts, there may be some complications. Creditors might attempt to claim a portion of the inheritance if it is used to cover expenses that benefit both spouses.
In a Chapter 13 case, things can become more complex. Even though the non-filing spouse's inheritance is technically separate and not marital property, the Chapter 13 repayment plan considers household income and expenses. This means that if your non-filing spouse inherits a substantial sum, the trustee might seek to modify your repayment plan based on the additional household income. Consulting with a bankruptcy lawyer can help ensure that you understand how Minnesota’s laws apply to your situation and protect your non-filing spouse’s inheritance as much as possible.
Contact a Minnesota Bankruptcy Lawyer to Discuss Details
Inheriting money during bankruptcy in Minnesota can complicate your case, especially depending on the type of bankruptcy filed and the timing of the inheritance. For those in Chapter 7 bankruptcy, inheritances within 180 days of filing are generally included in the bankruptcy estate, while inheritances received later may be protected. For Chapter 13 bankruptcy, inheritances received at any point during the repayment plan can affect your disposable income and lead to changes in your repayment plan.
Understanding Minnesota’s bankruptcy laws and how they apply to inheritances is essential for protecting your financial future. Always consult with a qualified bankruptcy attorney to understand your rights and options when dealing with an inheritance during bankruptcy.
Financial relief is just a phone call away. Contact LifeBack Law for a free consultation and learn how bankruptcy can help you get back on your feet. Visit us online or call 320-252-0330 to set up your appointment today.
FAQs About Bankruptcy in MN
How do I protect my inheritance from bankruptcy?
In Minnesota, you may be able to protect your inheritance from all the creditor claims if it qualifies as exempt property under state or federal law.
Can creditors find out about inherited money?
Yes, creditors can potentially find out about inherited money. If the inheritance is deposited into a bank account or used to purchase assets, it may become part of your bankruptcy estate. It's important to consult with a bankruptcy attorney to understand how inheritance may be treated in your specific case.
What assets do you lose in Chapter 7?
Most non-exempt assets are liquidated to pay creditors. However, certain assets, such as retirement accounts, personal belongings, and homestead exemptions, are generally exempt from liquidation.
What happens if I inherit a house during Chapter 13?
If you inherit real property during a Chapter 13 bankruptcy, it may become part of your bankruptcy estate. The probate and bankruptcy files become intertwined. However, you may be able to modify your Chapter 13 plan to include the inherited house and potentially protect it from liquidation. Consult with a bankruptcy attorney to discuss your options and determine the best course of action if you seek to file for bankruptcy.
What happens if I get an inheritance after filing bankruptcy?
If you receive an inheritance within 180 days of filing for bankruptcy, it becomes part of the bankruptcy estate and can be used to pay your creditors. Inheritances received after the 180-day window are typically yours to keep and are not affected by the bankruptcy case.
What are the rules for inheritance in Chapter 13 bankruptcy?
In Chapter 13 bankruptcy, if you receive an inheritance within 180 days of filing, you must report it to the court. The nonexempt portion of the inheritance will be used to increase the amount you repay to unsecured creditors through your repayment plan.
Can you give away assets before bankruptcy?
If you transfer or give away assets within two years before filing for bankruptcy, you must disclose it in your bankruptcy documents. The bankruptcy trustee may recover the transferred assets if the transfer is deemed to have been made to avoid paying creditors.
