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  1. #1
    Join Date
    Sep 2008
    Location
    Florida
    Posts
    2

    Default Title Transfers Before Bankruptcy

    My question involves bankruptcy in the state of: Florida Hi and I hope some one could help me with this.. I will be doing a chapter 7 but 2 month's ago I transfered 2 title's from my name. One being my daughter's car was in my name now it is in her's. I purchased a motor cycle for my husband 2 year's ago and they titled it in my name it was transfered to his name. I was told they go back 2 year's and then I was told 4 year's. Which is correct? Thank you very much.

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Title Transfers Before Bankruptcy

    If you transfer title to property within the year before filing bankruptcy, your Chapter 7 discharge may be denied if they believe it to be a fraudulent transfer. (A transfer to give the property to friends/relatives so that creditors can't get it) In addition to having your discharge denied, the trustee can also go after the recipient of the transfer to recover the asset or its value. When taking this route, the trustee can challenge transfers you made up to six years before bk.

    You need to talk to a bankruptcy attorney before filing bk & let him know of the transfers.

  3. #3
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Title Transfers Before Bankruptcy

    Agreed. This can of worms (2, 4 or 6 yrs within the filing) is opened when there are transfers done and if the court feels it was fraudulent. Transfers like this set the alarms in motion so to speak. It depends on if there was equity, etc. in the things that were transfered. Get some attorney advice!

  4. #4
    Join Date
    Sep 2008
    Location
    Florida
    Posts
    2

    Default Re: Title Transfers Before Bankruptcy

    If I was able to pay the smallest amount on my bill's and hang in there. I would not file till 2010 would this be more less looked at as a fraud thing? You stated not to transfer with in the year of filing. I hope this would be better for my case. Thank you for your time.

  5. #5
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Title Transfers Before Bankruptcy

    You might be ok there but you need to talk to a bankruptcy attorney for any definite advice. The bk laws are rather complex.

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