When a bankrupt person becomes a bankruptcy heir during bankruptcy, it is doubtful whether the hereditary right is to be conveyed to this process, which provides more relief when providing the rest of the responsibility, raises an additional question to know whether its right to the legacy is considered a tradition of income or malfunction.
Provider Sofia Carido * * * * *
Under the penalties of sanctions, the law provides that the debtor should inform the court about all the assets and rights he has. That is, the bankruptcy has an obligation to contact the bankruptcy, and the existence of any assets or rights, which can be considered a serious violation of this information, resulting in serious consequences, such as the initial allocation of the safety procedure or the removal of the remaining inactive.
In this context, the first skepticism is that the right to hereditary – that is, a hereditary right that has not yet been shared – is whether income or traditional.
Although the right to heritage is not initially customized (up to partition), it is a property right to be appropriate for credit providers. Therefore, this should be considered as part of the tradition of the debtor and to be provided in the context of bankruptcy function, ensuring that creditors can benefit from this hereditary section.
The heir, before sharing, has the right to hereditary, that is, he has the right to a part of the hereditary, but not for firm or customized items, it is only done by realizing the partition.
However, during the allotment period, even if the bankruptcy is not divided, it must be considered a potential increase in the tradition of the debtor, because it is appropriate for credit recovery in the bankruptcy process.
Another relevant feature is the possibility of the right to hereditary to the bankrupt mass, which is captured in favor of it. The civil procedure code allows you to incorporate the unprecedented hereditary right, that is, the entitlement of the debtor in hereditary property, which has not yet been customized. However, it is not the same as a certain part of each benefit of a separate hereditary connection.
In order to ensure that credit providers can benefit from the property rights of bankruptcy, it is possible to understand the inheritance until the hereditary is divided, the heredity is divided and the appropriate measures are taken to ensure that hereditary sharing or dissolving.
In a nutshell, in a nutshell, inheritance, even though the right of the bankruptcy is not shared, should be considered income or traditional for the purposes of bankruptcy function. It has an obligation to contact this right to the loan who accepts the quality of the heir and give the bankruptcy right to the bankruptcy process.
The content and shape of these communications, as well as the concrete consequences in the property of the bankruptcy, will not always contain definitive analysis and pursuit -up, to ensure the interests of all involved in the process.
* Lawyer CBA legal advisers.
Legal Warning: This article is simply informed, and its content cannot be considered to provide legal services or any advice. This article, naturally, is common, short and does not apply directly to any particular case, so it does not provide the advice of a qualified expert, and the reader should not act or act by referring to his content.
(tagstotranslate) CBA
Story Credit
