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Law Girl
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Category: Bankruptcy Law
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If a person faces bankruptcy and owns property in two states

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If a person faces bankruptcy and owns property in two states could that person quit claim the property to relatives to avoid having to liquidate?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Law Girl replied 6 years ago.
Thank you for your question.

Unfortunately, such transfers are not effective to put your assets beyond the reach of creditors and bankruptcy trustees. Such action may also result in your bankruptcy being denied or worse.

A bankruptcy trustee can recover assets transferred within one year of the bankruptcy filing where the debtor did not get reasonably equivalent value for the asset, or where the transfer was made with intent to hinder creditors. The look back period may be even longer under the law of your state, giving the trustee that same state law look back period in which to recover assets.

If you have more assets than you can protect with your available exemptions, consider filing Chapter 13 where the debtor generally keeps all of their property and buys back the non-exempt value from the creditors through payments to the Chapter 13 trustee out of future income.

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