Legal Question in Bankruptcy in Florida

Re: Chapter 7 Bankruptcy

I think you're confusing your terms, or maybe I just misunderstand your question. You can't put a lien on property that you own. You can only put a lien on property that someone else owns, but they owe you money for the property.

Do you mean that you want your relatives to place a lien on the trailer for money you owe them? You should speak with a lawyer before you make any financial changes to your current situation. If you change your financial situation, especially during or just before bankruptcy, you could wind up with a knock at your door by the FBI.

Re: Chapter 7 Bankruptcy

If your relatives did not already have a perfected security interest securing the loan for the equipment, you have already missed the boat on this. Specifically, in order for your relatives to have a lien on the equipment, you would have had to have signed a security agreement at the time you borrowed the money and your relatives would have had to have filed a UCC-1 financing statement. If this has not already been done, then doing it now would, at a minimum, raise the Trustee's eyebrows about your case. It could be construed as bankruptcy fraud (trying to harbor assets by creating a fictitious lien), which carries VERY stiff penalties. You should talk to a lawyer near you about this!! Web advice is NOT sufficient to properly advise you on this one.