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I live in Texas. For various reasons, my debt has gotten to the point that bankruptcy is really the only answer. Consolidation is not an option. I've been told that bankruptcy might be problematic for the following reason: My mother died February 2015 and I was executor of her estate. Although life insurance and stocks  listed me as beneficiary, her Will stated very clearly that her entire estate should be shared equally between her 5 children. That is what I did. I'm told, since insurance and stocks were in my name, lawyers for my creditors will go back as far as 3 years and try to take that money from my siblings. If Wills are considered almost sacred, how can that happen? Where is my bankruptcy protection that everyone is supposed to have access to? Thanks for your time.

Hi Ed:
I am from Texas also.    I just saw your question on the question pool and determined to answer your question as best I could given the limited specific information that you supplied.     At first blush, it appears that whoever told you that about the clawback is being OVERLY cautious in their recommendations / suggestions.  Specifically, and I have been doing this for 35 years now since graduating from law school, I donít see where the bankruptcy trustee in your case would interfere with the decisions  you previously made in your capacity as executor.    I am not suggesting that you be reckless or that you donít make full disclosure, but from what you have said so far it is unlikely you are going to be challenged on this issue.   If you like, you are welcome to call me anytime at the number below.    I will not charge you just to talk on the phone.    If you are eligible for a Chapter 7, I would charge you $300.    If, for whatever reason, you had to file a Chapter 13 instead, I would charge you $500.     

Jack Hall, J.D.
915 261-3893  

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Can answer questions about bankruptcy, lawsuits or judgments that have been filed against you. Also can answer questions about tax issues, property that is facing foreclosure, repossession of vehicles, and wage garnishments. 915 261-3893


Over 30 years experience assisting consumers with lawsuits and bankruptcy matters since graduating from law school.

Numerous published appellate court opinions; Law review publications; Article on consumer bankruptcy in Black Enterprise magazine; was requested to author a book on consumer bankruptcy by Doubleday Publishers

Over twenty years of education including law degree (J.D.); masters and bachelors degrees in political science; author of magazine articles related to consumer bankruptcy; hundreds of hours of continuing education legal education and seminars

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Have had well over a thousand bankruptcy clients during the past 30 years and have had many clients in civil lawsuits during the same time period

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