Legal Question in Bankruptcy in New York

Re: Divorce bankruptcy

You have to be very careful in making transfers like this.

The trustee may be able to sue your'e wife to recover the money, under NY state law up to 6 years if it is considered a Fraudulent Conveyance. Even worse, these transfers could Jeopardize your bankruptcy discharge.

You should consult with an attorney first.

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Re: Divorce bankruptcy

Oh dear.

Mr. Silver is quite correct. The bankruptcy trustee may (MAY) be able to go after your wife to collect the funds to pay the creditor. This is what's called an "inside transfer." The question is one of time between your cash advance and the filing of your bankruptcy petition. Talk with an attorney.

If you cannot afford an attorney AND your income qualifies you, you may be able to get on the client list for Legal Aid (there's a branch of the Legal Aid Society in every county in New York State) and receive no-fee legal help with your problem. If you don't qualify for legal aid (and they do have some strict guidelines), do NOT file for bankruptcy before you talk with an attorney!!!!!!!!!!!!!!!!!!!!! You can really screw yourself up if you get the timing wrong.

I can't stress it enough. TALK WITH A LAWYER BEFORE YOU DO ANYTHING.

Good luck.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.