QUESTION

What happens if I transfer my car title 16 months prior to my bankruptcy filing? How?

Asked on Aug 20th, 2015 on Bankruptcy - New York
More details to this question:
I live in a state where you are exempt $5,000 of equity on your vehicle. I filed Chapter 7 this month. The month I lost my job I sold the vehicle to a friend in order to live off the money, it was sold for $4,500. I've been unemployed since that month total of 16 months and I have no other assets. Why do I have to list this transfer of title? Do I have to pay the money to the Trustee? I don't have any money and had to borrow money to pay for my Chapter 7 bankruptcy.
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5 ANSWERS

Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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The reason you have to list this transfer is because the bankruptcy code says so. Whether you or your friend have to pay this money to the trustee will depend on whether this sale was made under terms that would be considered fair. For example, that the car was worth only the $4,500 you received for it, and not $15,000. A big part of bankruptcy is being willing to comply with the law, because even for something of low importance, violating the bankruptcy law can turn you into a criminal.
Answered on Aug 21st, 2015 at 1:17 PM

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Bankruptcy Attorney serving Las Vegas, NV
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You should disclose the sale but since you received close to fair market value the transfer should not be an issue. It is only where you transfer away an asset for little to no consideration that the transfer could be undone.
Answered on Aug 21st, 2015 at 11:53 AM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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If $4,500 was the reasonable value of the car? If it was then there is no problem. If the car was worth more, then your friend may have to give the difference to the trustee.
Answered on Aug 21st, 2015 at 9:56 AM

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The law allows the bankruptcy trustee to scrutinize any transfers, especially to relatives or friends, to determine if you obtained appropriate value for them or if it was part of a scheme to hide assets. So if you obtained reasonable value for the car you sold to your friend, it should not be a problem. If it was significantly less than market value, however, the trustee has the legal power to demand that your friend pay more to get it up to the equivalent of an arms-length transaction. If the trustee wants to recover the lost value in the transfer, s/he will first give you an opportunity to pay it rather than going after your friend. The whole purpose of this rule is to prevent sham transactions that would improperly shelter assets from your creditors. If your deal was fair then there is nothing to fear in reporting it.
Answered on Aug 20th, 2015 at 2:58 PM

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Bankruptcy Attorney serving Schenectady, NY
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You should be fine as long as the car was sold for market value and use the money to live on this should not be a problem.
Answered on Aug 20th, 2015 at 2:18 PM

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