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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 11781
Experience:  JD, MBA
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I am thinking about filing. My parents put me on the ...

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I am thinking about filing. My parents put me on the deed to land back in August. My mom was the life estate on the deed, and the deed says the land was gifted to me. We sold the land in April, but it was sold and the proceeds came to me under my SSN. I did not keep the money and gave it to my mom. If I file ch7 can they come after my parents to pay the trustees?

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.

I know that’s probably not what you wanted to read, but if the information that I provided was helpful, please remember to ACCEPT my post as that is the only way I will receive credit and compensation for my answer. However, please understand that my answer is meant for informational purposes only and is limited by the facts presented. Therefore, it should not be construed as “legal advice” and is not an adequate substitute for the retention of legal counsel. Thank you and good luck!

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