Legal Question in Bankruptcy in Florida

Before filing a bankruptcy (chapter 7) I decided to remove my name from the deed: I and my friend

bought a piece of land a long time ago. It is in POCONOs, PA. The size of this land is 1. 2 acres. It is in the community. We bought it for $ 17 K. Today it is about $ 3 K, according to the Title company estimate. To remove my name from the deed this title company asked for $ 400. For my budget it is a lot. I have only $ 600 per month as a SS retirement benefit.

I have two questions:

1) Would you suggest me to spend $ 400 and remove my name from the land deed, since I do not want any chances to get liens on this land during or after I file a bankruptcy (chapter 7)? Or nobody will ever take my land away from me or place any liens on it (even in case of a bankruptcy) because it cost just $ 2 or 3 thousand now and because of any law you may know?

2) I will relocate in Florida next month to make my Florida apartment ( a condo in the community 55 + ) as a primary residence. I bought it last years foreclosure in a horrible condition and was going to fix it. However I got serious injuries in a car accident and I could not fix an apartment and was needed to live in NJ, in my friend's place. Now I feel better, and I am going to fly to Florida to change my driver's license and other documents from NJ to FL to make this apartment my primary residence.

After this I will file a bankruptcy (chapter 7) from Florida. I do not own anything else.

Do you know any possible problems which I could face in the process of filing a bankruptcy (chapter 7) in term of the date of making this Florida apartment my primary residence? In other words, I am afraid, that the law would be able to consider backward space of time and would say that I become a primary resident of this apartment too close to the date of filing a bankruptcy.

However I do not have any other places to live. This apartment is paid in full (no mortgagees). May someone ( a bank to which I owe money for credit cards or another organization) confiscate this Florida condo apartment from me or place leans on it just because the date I change my primary residence is very close to the date of filing a bankruptcy?

I would appreciate your answers. However I got lost in determination of the State (Your application asks about the State) . Now I live in NJ. HOwever I will be a resident of Florida next month. My piece of land is located in PA. I will file my bankruptcy from Florida, so, I will place FL in your application.

I have 3 credit cards debts. Approximately $ 45 thousands total , plus, I have medical bills and also I was a cosigner on my stepdaughter's student loans (I even do not remember all the amounts of medical bills, but part of student loans is around $ 20 K). I am 64 years old, male, and the only source of existence I have now is SS early retirement benefit of $ 600 per month. I used to work as a handymen. But after car accident happened in December of 2010 I got a serious injury and cannot work anymore.

My questions are:

I own a piece of land in PA (POCONOS). 1.2 acres of land in the community. There are two names in a DEED, mine and my friend.

Also I own a small apartment in Florida (in the community 55+). I bought it for closure last year in a horrible condition and was going to fix it to live there.


Asked on 10/28/11, 1:38 pm

1 Answer from Attorneys

Stephen Orchard Law Offices of Stephen Orchard

Before you do ANYTHING with the deed to that property you should consult with a Florida bankruptcy attorney to discuss this matter. You have issues with your case filing that could be complex if not handled the appropriate way. You identified the issues, but unfortunately they are not simple enough to answer with yes or no.

Most bankruptcy attorneys (including myself) offer a free, no obligation consultation. You should consult regarding these issues and, from the looks of it, you should retain an attorney to file and handle your case.

Best of luck

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Answered on 10/28/11, 4:13 pm


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