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Hello and thank you for allowing me to address your legal question.
Yes, there is a possibility that the bankruptcy trustee can force your mother to repay the funds that you gave her since it may be considered a “fraudulent conveyance.”
A fraudulent conveyance occurs when a debtor transfers ownership of his assets (which includes money), without receiving compensation in return, within two years of filing for bankruptcy. However, a trustee can usually go back even further than two years if he can prove that the transfer was an attempt to keep creditors from using the asset to repay a debt. In either case, a trustee can reverse the transfer.
Some of the factors that are taken into account when determining whether a transfer is fraudulent include (1) the timing of the transfer, (2) whether the debtor received any compensation for the transfer, and (3) whether the transfer was made to an “insider” (i.e. a relative). There are other factors as well, but those appear to be the most relevant to you based upon your post. I wish I had better news for you.
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