Debtor transferred property to relatives. Can he file bankruptcy in near future?

Bankruptcy and Debt 2 views 5 answers
My debtor transferred property to his relatives. is he eligible to file bankruptcy? If I file law suit and they file bankruptcy, is there any action I can take to inform court that in fact the transfer of property was intentional?

Attorney Answers

5
andra A Kuhn Esq.Chapter 7 Bankruptcy AttorneyConcord, NH ·
Anybody can file for bankruptcy. But if these people file for bankruptcy after they have transferred assets, the Trustee can seek to set that conveyance aside under certain circumstances.
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David Rausa ·
I would suggest filing the lawsuit as soon as possible. If a bankruptcy is filed, then seek the advice of local counsel to assist you in order to protect your rights.
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Neil Schwartz ·
He can file but the trustee can undo that transfer within 4 years. If he files on your debt alert the trustee and you are likely to get paid from the proceeds once the trustee sells the property
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Dorothy Bunce ·
If you have a court judgment against this person, not only could filing bankruptcy be a problem but the person may have criminal charges made for violating the "Uniform Fraudulent Transfers Act" which makes giving away property to evade payment of a debt illegal. Hope this perspective helps!
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