On March 14, 2003, James Persfull filed a Chapter 7 Bankruptcy Petition, Schedules of Assets and Liabilities, and Statement of Financial Affairs. At the initial meeting of creditors on April 21, 2003, the following exchange took place between James, his attorney Donald Sullivan, and the bankruptcy trustee, James Stevens:
Stevens: Are you currently entitled to receive any type of inheritance at all?
Persfull: No, sir.
Stevens: You understand that if you are notified within the next six months that you are entitled to receive an inheritance that your [sic] are required to notify your attorney and the Trustee?
Persfull: Yes, sir.
Sullivan: Now, we would point out that his mother is very ill and he’s explained that to me, and I’ve also explained that if he does get an inheritance or an interest in property that he has to disclose that to my office.
Stevens: Good, good. Alright with that I’ll conclude your meeting. Thank you.
Two days after that meeting Eileen died testate appointing James and Joseph to serve as executors with equal shares in the estate, and Stevens filed a No Asset Report discharging James’s debts. James, who never notified Stevens that he was entitled to an inheritance, signed two documents (1) declining to serve as executor of his mother’s estate; and (2) disclaiming his interest in any type of property that he would receive as a result of his mother’s death. The irrevocable disclaimer stated that it had been delivered to Joseph.
Judge(s): Charles Clevert, Jr.
Jurisdiction: U.S. Court of Appeals, Seventh Circuit
Related Categories: Criminal Justice
|Circuit Court Judge(s)|
|Charles Clevert, Jr.|
|Trial Court Judge(s)|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|Ronald Neville||Neville Pappas & Mahoney|
|Appellee Lawyer(s)||Appellee Law Firm(s)|
|Michael Love||U.S. Department of Justice|