I have never heard of a pre or post nuptial agreement being used as bankruptcy protection. For a transfer of property prior to a bankruptcy filing (ch. 7) there is a specific limit of time which must pass before the transfer is not found to be fraudulent; if enough time has not passed such transfers of property will not be protected from the Bankruptcy Trustee.
FYI: Bankruptcy Court is run by the Department of Justice, not I.R.S.
I suggest you contact an attorney directly and explain all the facts, I feel there is too little information given in your question to give an accurate answer.
Thank You.
Joseph F. Botelho, Esq.
BOTELHO & ASSOCIATES, LLCAttorneys At Lawhttp://massachusettslawyeronline.com/
126 Shove Street Unit 202 Fall River, MA 02724
Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147
Answered on Nov 23rd, 2011 at 11:03 AM