QUESTION

iF FILING A CHAPTER 13 BANKRUPTCY CAN YOU SAFELY KEEP ROUGHLY 25,000. THAT YOU HAVE IN CD'S AND SAVINGS ACCOUNT OR DO YOU TURN IT OVER TO THE COURTS?

Asked on May 05th, 2016 on Bankruptcy - California
More details to this question:
Only 1 spouse is on mortgage loan - in forceclosure after being denied a HAMP2 loan and Nationstar Mortgage is unwilling to work out a repayment plan - do you have to give up your savings, cds or can you transfer them to a son or spouse?
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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In Chapter 13 you keep all your assets, but you must propose a repayment plan that repays your creditors at least the amount they would receive in a Chapter 7 case, which would include the non-exempt portion of your assets. Any transfer of assets without receiving reasonably equivalent value prior to filing the bankruptcy would be deemed a fraudulent transfer, and the recipients could be sued for the value transferred, and it could be deemed grounds for denial of discharge in bankruptcy. You need to consult with an experienced bankruptcy attorney in your area to go over your options.  Your questions indicate that you are in way over your head.  
Answered on May 05th, 2016 at 9:59 AM

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