QUESTION
Can a property be taken off your bankruptcy if it is not in your name?
Asked on Mar 13th, 2013 on Bankruptcy - Delaware
More details to this question:
I filed bankruptcy and found out that some of the property is in my husband name and not mine. Is there a way to get the property off of my bankruptcy?
7 ANSWERS
Deborah F. Bowinski
It is not very clear what you mean by taken off your bankruptcy. If you are referring to an asset or assets that you disclosed in your property schedules when you filed your case, then yes, you can file amended schedules to make corrections. In fact, if you become aware of errors in your documents you are obligated to file amended documents to correct for those errors. Don't forget that you are signing under penalty of perjury that everything is true and correct to the best of your knowledge.
Answered on Mar 14th, 2013 at 1:16 PM
Any mistake on a bankruptcy can be corrected by an amended filing of the paperwork.
Answered on Mar 14th, 2013 at 1:16 PM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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Why does it matter? You should probably amend your Schedule A, but an inspection of the land records would give anyone proper notice of your legal claim to any real property.
Answered on Mar 14th, 2013 at 1:15 PM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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Sure. You will simply need to file an amendment to scedule(s) A and/or B.
Answered on Mar 14th, 2013 at 1:15 PM
2 Awards
No. All assets of a marriage must be included in your bankruptcy, whether he files or not.
Answered on Mar 14th, 2013 at 1:14 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You can amend schedules in the petition.
Answered on Mar 14th, 2013 at 1:14 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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You can do this by amending your schedules and giving a proof to the trustee that the property was not in your name.
Answered on Mar 14th, 2013 at 1:14 PM