It depends on how much, if any, equity there was in the property when you gifted it to your son and whether or not you were insolvent at the time. In general, a transfer of property without receiving reasonably equivalent value in exchange, is a "fraudulent transfer" under both federal and most state's laws. Thus, if there was equity in the property and you were insolvent at the time of transfer, then if you file a Chapter 7 case, the Trustee could sue your son to recover the value of the property transferred.
Mark J. Markus, Attorney at Law
Handling exclusively bankruptcy law cases in California since 1991.
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