Can a person file bankruptcy and 6 months before do a quick?
claim to get property out of their name so its not included in the bankruptcy filing? Is that legal or not?
Posted February 20th, 2010 in Bankruptcy Q And A. Tagged: bankruptcy filing.
claim to get property out of their name so its not included in the bankruptcy filing? Is that legal or not?
Technorati Tags: bankruptcy filing
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THIS IS NOT LEGAL ADVICE.
Before you do anything like that, I would advise that consult an attorney.
The bankruptcy trustee will likely void that transfer either as a fraudulent transfer or as a preferentiral transfer.
You need to consult an attorney because doing what you are suggesting will not only invalidate the transfer, it may cause the court to deny you a discharge, thereby making the most beneficial part of bankruptcy useless.
February 20th, 2010 at 2:53 amyour creditors can use the bankruptcy court to void a fraudulent transfer, designed to defeat the creditors.
February 20th, 2010 at 2:53 amYou’ll likely be caught doing something questionable before a bankruptcy.
If you’re thinking about putting anything in anyone else’s name… think again… The longer they think about it… the more you’ll owe them for it… and they will hold all the cards. You can’t trust ANYBODY like that!!!
February 20th, 2010 at 2:53 amYou mean a "quit claim" deed and that would almost certainly be a fraudulent transfer which the trustee in bankruptcy would discover and avoid for the benefit of the estate. Such an action would almost certainly result in loss of your discharge too.
February 20th, 2010 at 2:53 am