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Reply to "Anyone following this Candice Miller/Mama & Tata nightmare?"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]She’s being sued AGAIN. Does she have any money rn? Like how does she live every day? https://therealdeal.com/new-york/2024/09/13/ues-condo-owner-sues-candice-miller-over-unpaid-rent/ [/quote] Doesn’t she have the life insurance payout by now? [/quote] Can the life insurance be attached by creditors?[/quote] Good chance that they would be exempt from her bankruptcy estate: [quote][i] [b]Are Life Insurance Proceeds Part of My Bankruptcy Estate? [/b]Life insurance payments that you received before filing bankruptcy are part of your bankruptcy estate. The money is treated like any other money in your possession. It doesn’t matter that it came from life insurance. If you receive life insurance proceeds within the 180 days after you file bankruptcy, those proceeds are part of your bankruptcy estate as well. If you become entitled to life insurance proceeds more than 180 days after you file bankruptcy, the proceeds are not part of your bankruptcy estate. ... Under the Bankruptcy Code, the relevant date to determine whether proceeds are part of your estate is the date you become entitled to receive payment. This usually happens upon the insured’s death. If that date is before or within 180 days after the date you file bankruptcy, the insurance proceeds are part of your bankruptcy estate, regardless of when you receive the funds. ... [b]Can I Claim Life Insurance Proceeds as Exempt? [/b]Under the federal exemption laws, [u]life insurance payments you receive as a beneficiary are fully exempt if they meet two criteria[/u]. First, the insured person must have been able to claim you as a dependent on the day they died. Second, the insurance payments must be reasonably necessary to support you and your dependents. What’s considered reasonably necessary is up to the bankruptcy judge. You may have to provide evidence of your living expenses or explain why the proceeds are necessary. Some states have exemption laws that specifically protect life insurance proceeds.[/i][/quote] [/quote]
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