Legal Question in Bankruptcy in Florida
Question about Assets in Chapter 7.
I have about $15,000 in cash/stock/IRA acct. I owe more than $50,000 in credit card debt which I haven't paid in 3.5 years. I also owe $9,000 on a car and $15,000 in student loans.
If I start a business with the cash and stock assests then transfer rights (books I published and 2 websites) to the business, will the business be protected in a Chapter 7 bk?
1 Answer from Attorneys
This question is difficult to answer. You cannot transfer rights to assets to a business, or anyone else, and think that they will be protected. That is called a fraudulent transfer, an effort to avoid, hinder, or delay creditors. And it is the trustee's job to find assets which are not exempt and seize them for liquidation. You can read about chapter 7 in a pamphlet available for download at my website. As to the 15000 you have, there are ways to convert it to exempt assets, the IRA would not be touched, but an annuity contract may be the solution. Student loans are largely regarded as undischargeable, but the 50000 in credit card debt and the car loan can be wiped off the slate.
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