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If a debtor who owned a home with her daughter and then signed

 
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  • Answered by:FiveStarLaw
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Customer Question

If a debtor who owned a home with her daughter and then signed over her interest in the home to her daughter and now is filing a chapter 7 BK how would that be treated in the BK
The home was in TN where the debtor lived for 10 years with her daughter. Last June she had a falling out with her daughter, signed over the home and moved to MA. She has been living in MA for about 10 months

 

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State/Country relating to question: Massachusetts

Submitted: 352 days and 2 hours ago.
Category: Bankruptcy Law
Value: $25
Status: CLOSED

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Expert:  FiveStarLaw replied 352 days and 2 hours ago.


WebLaw :

*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

WebLaw :

Welcome to JustAnswer,

My name is XXXXXX. X shall do whatever I possibly can to provide you with helpful information about the law. Please keep in mind that, although I am an attorney, I am prohibited from giving customers of the site legal advice or forming an attorney-client relationship on this forum.
If at any time the information which I provide is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button.

WebLaw :

what is the amount of equity in the house

WebLaw :

In other words, what is the difference between the price the house could have sold for at the time of the quitclaim and the amount of the mortgage

Customer :

I'm not sure of the equity. Assuming there is some equity and it is below the exemption amount for the state of TN how would it be treated?

WebLaw :

If it is below the exemption amount, it will typically not be at issue in the bankruptcy

WebLaw :

however if it exceeds the exemption amount it would be considered a fraudulent conveyance and set aside by the trustee

A quitclaim or transfer of a debtor’s assets to a third party, for less than a reasonably equivalent value in exchange for such transfer, is considered to be a “fraudulent conveyance”.

WebLaw :


Bankruptcy Code §548 provides for the avoidance of fraudulent transfers within two years before the bankruptcy filing date. Transfers to self settled trusts and similar devices are subject to a longer avoidance reach back (10 years).

Expert TypeAttorney
Category: Bankruptcy Law
Pos. Feedback: 98.7 %
Accepts: 3162
Answered: 5/1/2012

Experience: Bankruptcy Lawyer. Experienced.

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