Legal Question in Bankruptcy in Florida

Refinance/Sale of House prior to bankruptcy

After my divorce, my brother has just helped me with a NEW loan for my house. Unfortunately, I wasn't able to simply re-finance due to my credit, so basically I had to sell him the house - title is still in my name (and his) for homestead. In doing so, he put up the ''down payment'' for the loan and out of the ''equity'', I'm returning the money to him. So I have a check for $69,000 +. I owe him $67,000+.

Can I simply deposit this check and write one to him? Or do I sign the check over to him? Do I have to wait a certain amount of time after the sale of the house to file bankruptcy?

Are there any other concerns, bankruptcy-wise, I should be aware of, with regard to the house transaction?


Asked on 2/18/03, 10:06 am

1 Answer from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Refinance/Sale of House prior to bankruptcy

There may be sustantial ramifications resulting from the manner of accomplishing your stated goal. Without a full discussion with you, I can not provide you with a definitive reply. If you wish, call me during regular business hours.

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Answered on 2/18/03, 1:38 pm


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