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VanDLaw
VanDLaw, Attorney
Category: Bankruptcy Law
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Experience:  Chapter 7 & 13
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If I transfer a car under my name to my mother while I am ...

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If I transfer a car under my name to my mother while I am being sued , will my creditor find out about it? If they find out what will happen? Can I be charged with a crime? I don''t plan on filing bankruptcy.
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  VanDLaw replied 6 years ago.
Customer

Unless you have a court order telling you that you are not to transfer property, and you do not plan to file bankruptcy in the next two years, you can transfer ownership of the car to your mother. It is not a crime, at most it would be a civil penalty if you transfered property against a court order. In bankruptcy they can bring the car back into the Banruptcy or the value of the car or dismiss the bankruptcy for a fraudulent transfer. So if you are contemplating bankruptcy this is not a wise move.

I don't know how a creditor will find out if you gave your Mother a car. Once they get a judgment, not just insitute a lawsuit it must be a judgment, they will searh for assets to attach. This process takes awhile, and does not happen overnight.

 

Customer: replied 6 years ago.
At this point I'm not planning on filing BK but if I want to file for bankruptcy then what would be my options in regard to the transfer. Does this mean there's no chance now or do I have options?
Expert:  VanDLaw replied 6 years ago.

One of the things asked at a 341 meeting is "have you transfered property to anyone or family in the last year", sometimes its asked for two years. If you have done so, they inquire further as to why, if the Trustee believes you transfered the property in order to keep the property out of the bankruptcy they can bring it back into the bankruptcy or dismiss your case. If you think you will be filing bankruptcy within the next year, you have somewhat of a risk if you transfer the car.

If you do not plan to file bankruptcy at all then you can make the transfer. It will also matter how much the car is worth, if it isn't worth very much the Trustee won't take much interest in it, the Trustee is looking for property to liquidate to pay back creditors.

Customer: replied 6 years ago.
Reply to VanDLaw's Post: can I have it transferred back to me if I decide to file bankruptcy? What if she pays me money for it? Will the bankruptcy be accepted if I did one of those things?
Expert:  VanDLaw replied 6 years ago.

Yes, she can transfer it back, and it will be listed as an asset in the bankruptcy if you own it outright. If it is worth anything the Trustee may order it sold, or you can redeem it (buy it back). But you will not be dismissed for this as you are not doing anything illegal and you are reporting the asset on your schedules.

If she pays you money for it, within the year, they will ask you what you did with the money, normally people answer "pay bills"! I mean some people sell their stuff to help pay bills before filing bankruptcy.

So you would be fine if you did either of those things.

VanDLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 833
Experience: Chapter 7 & 13
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