QUESTION

I may have to declare personal bankruptcy and 5 months ago I deeded a rental house I own over to my son, will that house be taken in bankruptcy?

Asked on Sep 06th, 2011 on Bankruptcy - Montana
More details to this question:
I was subsidising the house as the rent was less than the mortgage and other expenses and my son could afford to do that.
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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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. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr
Answered on Sep 07th, 2011 at 2:23 PM

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