QUESTION
Are property transfers made after bankruptcy discharge subject to review?
Asked on Jun 10th, 2012 on Bankruptcy - Florida
More details to this question:
I filed for bankruptcy in November 2010 and received my discharge on May 25, 2011. Me and my husband got separated a year prior and transferred a condo to our daughter in 2009. In the following year medical bills came up due to an emergency and my husband lost his job. We decided to file for bankruptcy. All our assets and the prior transfer was declared and we received a discharge with no problem. I live by myself now and my daughter is moving to Europe and wants me to move in to her apartment not to pay rent anymore and transfer the apartment just to my name (without my husband on it). It has now been a bit over a year after the discharge. I live in Miami, Florida. Can I get into any legal problems after this transfer? I will register it for my homestead property. Thank you
2 ANSWERS
Burton J. Green
There is no problem with your daughter transferring the property to you. She could have transferred it to right after you filed because property acquired after you filed is not included in your bankruptcy. In your case the bankruptcy is over. No problem.
Answered on Jul 10th, 2012 at 3:21 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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There does not appear to be a problem with what you want to do. But without knowing all of the facts fully it is difficult to give you a clear answer. Even after a discharge, the case is not closed for about 2 years in most cases. I instruct clients not to make any drastic changes until the case is closed.
Answered on Jun 29th, 2012 at 6:16 PM