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  1. #1
    Join Date
    Aug 2008

    Unhappy Son Filing Bankruptcy Named on Father's House Title

    My question involves bankruptcy in the state of: Florida

    Our 37 year old disabled (by cerebral palsy and brain injury) son filed for Chapter 7 bankruptcy. He is a low range income earner with no assets. He rents a bedroom in a private home. Last October when his father (my ex-husband) believed he was on his deathbed, he put our son and daughter on the title of his house so as to leave them all he had and/or to provide for his long term care should that arise. He recovered and the issue of the title was forgotten.

    When our son appeared in court for the bankruptcy hearing, it was announced that his name was on the title of his father's home (where he only briefly lived 12 years ago and paid rent to do so). Our son was floored as he and everyone had forgotten about the matter. He had only done what he was told to do by others at the time of his father's illness and hospitalization with no knowledge or understanding of any legal consequences then or in the future.

    Now the court says my husband must take out an equity loan and pay 1/3 of the equity in his house (my son's share) to the creditors. Obviously, if he or his dad would have been devious, his name would have been removed before proceeding with the bankruptsy.

    I know it is not right, but is it the law? Is there any way to appeal this matter...or any place to go for help? Can they force his father to liquidate equity? My son will soon need all the help he can get.

    Thank you for any advice.

  2. #2
    Join Date
    Jul 2006

    Default Re: Son Filing Bankruptcy Named on Father's House Title

    Well, this appears to be legal. In a BK a person is attempting to get rid of his debts, but since he has assets, he should use those assets to pay some of those debts. And, had he had his name removed from the title in order to file BK, that would have definitely been illegal.

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