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Why You Don’t Hide Assets

November 25th, 2010 No comments

woodlands bankruptcy lawyer hidden moneyIntentional or not, some people that start that bankruptcy process try to hide assets. This is usually done based on the belief that if you don’t tell anyone about it they won’t find it. That is a flawed assumption for many reasons which we will get into another time, but for now let’s focus on the bottom line. Are you really protecting your assets or risking assets when you attempt to hide something?

Myth – you have to lose all of your property in bankruptcy.

Fact – you only lose your non-exempt property through the bankruptcy process.

The first rule of preserving property with an exemption is that your Woodlands Bankruptcy Attorney has to know it exists. If your bankruptcy attorney does not about a specific piece of property and does not set aside an exemption for it then you risk losing it to the bankruptcy trustee. Clearly this is not the result most people intend which is why it is absolutely critical that you tell your bankruptcy attorney everything that you own.

Many of the people I represent through the bankruptcy process can keep all of their property with strategic use of their bankruptcy property exemptions. Anything they do not tell me about at the outset may be impossible to protect later on. This is why you do not attempt to hide assets.

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Inherited IRA Included in Bankruptcy Estate

June 27th, 2010 No comments

Property you own is included in your bankruptcy estate unless your Woodlands Bankruptcy Attorney manages to find a legal basis for exempting it. One of the common exemptions people take advantage of is the exemption for retirement accounts. Unfortunately, this exemption is not without limits and a recent case reminds us of the boundaries of this bankruptcy exemption within the federal bankruptcy exemption rules.

Janice Chilton, a debtor in a bankruptcy case, claimed the IRA she inherited from her mother is exempt under ยง522(d)(12). The discussion that follows is limited to the federal exemption for retirement accounts and not the Texas exemption.

Section 522(d)(12) of the Bankruptcy Code allows your Woodlands Bankruptcy Lawyer to exempt “[r]etirement funds to the extent that those funds Read more…

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