Legal Question in Bankruptcy in California

bk-ch7: repayment of debts

in dec 2002 I transferred real property to my sister 4 refi due to looming foreclosure. in july 2004 I filed ch7. trustee saw the transfer of property, claimed it as an asset of mine & eventually used money from property to pay off creditors claims (all this after bk had been discharged). although everyone got paid off,the bankruptcy still appears on my credit report. is there any way to fix this? and was the trustee ethical in claiming that property was an asset of mine? (he took my sister to court & sued her for the asset).

thanks for your help.


Asked on 9/21/07, 4:05 am

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: bk-ch7: repayment of debts

Yes, the trustee was ethical. The transfer -- probably without consideration -- was within 2 years of your filing bankruptcy.

You might dispute with the credit reporting agencies the listings for the creditors paid, since they all were paid through the bankruptcy.

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Answered on 9/21/07, 4:27 am
Judith Deming Deming & Associates

Re: bk-ch7: repayment of debts

Are you for real? It is bankruptcy fraud to transfer assets for the purpose of shielding them, when you know you are going to file bankruptcy! What you did was dishonest and you could have been sent to prison. Yes, not only was what the trustee did ethical, it was his statutory duty! The fact that you would even ask the question discloses that you are seriously lacking in ethics yourself, and conduct such as yours harms society as a whole. As far as getting the bankruptcy off your credit--the fact that you filed a bankruptcy is a matter of public record for 10 years and there is nothing that can be done about it.

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Answered on 9/23/07, 8:09 pm


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