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Protecting Personal Property from Creditors

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  • 02-13-2009, 05:47 PM
    joegambler0
    Protecting Personal Property from Creditors
    My question involves collection proceedings in the State of: Florida
    Hi,
    In desperate need of legal advice,please don't reply unless you're positive of the answer. Me and my wife lost our very well paying jobs and are unable to find anything. Spend all life savings keeping up with mortgage,broke now. Credit was great but ruined now.Have about four credit cards in default at a total of about $37K.Two have gone to collections.Spoke to several bankruptcy lawyers. Bankruptcy not an option.Chapter 13 requires to big of a repayment for keeping personal property and to creditors for me to afford. Surviving right now on early retirement and unemployment.Chapter 7 I would loose all personal property,mainly two paid off vehicles.Without filling bankruptcy,all creditors can do is get a judgment against us to take away the cars and sell them.Sorry for long post but had to give history,now for the question. I have a sole proprietorship business that never got going.IF I INCORPORATE OR FORM A LLC,CAN I PUT BOTH VEHICLES UNDER THE BUSINESS TO PROTECT THEM FROM A CREDITORS PERSONAL JUDGMENT? Not a scammer,just trying to protect myself and don't know what else to do. Thanks.
  • 02-13-2009, 06:06 PM
    cyjeff
    Re: Bankruptcy Not a Option,will This Work
    No, you cannot hide your assets fraudulently.
  • 02-13-2009, 06:15 PM
    joegambler0
    Re: Bankruptcy Not a Option,will This Work
    Not trying to committ fraud,in case you didn't read whole thread. I'm not willing to loose everything,because we both lost your jobs due to Bush's great economy.
  • 02-13-2009, 06:30 PM
    cyjeff
    Re: Bankruptcy Not a Option,will This Work
    Quote:

    Quoting joegambler0
    View Post
    Not trying to committ fraud,in case you didn't read whole thread. I'm not willing to loose everything,because we both lost your jobs due to Bush's great economy.

    I read whole thread.

    Especially where you are wondering if you can move vehicles to a defunct sole proprietorship to keep them after you file.

    That would be fraud.
  • 02-13-2009, 06:47 PM
    aaron
    Re: Bankruptcy Not a Option,will This Work
    Your ownership interest in an LLC would be an asset that you would have to declare.
  • 02-13-2009, 06:48 PM
    joegambler0
    Re: Bankruptcy Not a Option,will This Work
    You just proved you didn't read it very good. I wanted to turn the sole proprietorship into a Corp. or LLC to protect vehicles from a future credit card collection judgment and never file.I assume when you say file you mean bankruptcy,which I said wasn't a option so I wasn't going to file.
    By the way what are you're credentials? I'm looking for advice from seasoned lawyer.
  • 02-13-2009, 06:50 PM
    OhMy
    Re: Shielding Personal Property from Bankruptcy
    Bankruptcy fraud is a federal crime. Trying to move assets to avoid losing them in bankruptcy is NOT a smart thing to do.
  • 02-13-2009, 06:53 PM
    joegambler0
    Re: Bankruptcy Not a Option,will This Work
    What about a coroporation, Aaron is that any better than a LLC? If the LLC or Corp. won't work that's fine. At least advice me on another way to go that doesn't require bankruptcy.Bankruptcy doesn't protect a individual at all,unless you're willing to loose it all.
  • 02-13-2009, 06:54 PM
    joegambler0
    Re: Shielding Personal Property from Bankruptcy
    OhMy please read thread carefully. I wanted to protect vehicles and not ever file bankruptcy
  • 02-13-2009, 07:01 PM
    LawResearcherMissy
    Re: Bankruptcy Not a Option,will This Work
    Quote:

    Quoting joegambler0
    View Post
    You just proved you didn't read it very good. I wanted to turn the sole proprietorship into a Corp. or LLC to protect vehicles from a future credit card collection judgment and never file.I assume when you say file you mean bankruptcy,which I said wasn't a option so I wasn't going to file.
    By the way what are you're credentials? I'm looking for advice from seasoned lawyer.

    "Very well" and "your credentials".

    You'd still have to declare your interest in the LLC as an asset when - should your creditors obtain a judgment against you - they send you interrogatories asking after your assets prior to filing for garnishment of your wages, levying your bank account, etc.

    As Cyjeff notes, you may not hide your assets fraudulently. It doesn't matter how many times you say it isn't fraud, that will not make it so. Hiding assets to protect them from creditors is fraud. Period.
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