Legal Question in Real Estate Law in Florida

bankrupcy

If I quit claim a house that has no leins to my son who is 20 yrs old before I file for bankrupcy on a house I have a mortgage on, is the first house exempt from any action? Thank you


Asked on 8/26/07, 7:03 am

2 Answers from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: bankrupcy

Transfers made to hinder,delay or defraud creditors are subject to being set aside.

Failure to disclose the transfer is an additional ground to deny a discharge and impose sanctions.

See other answer you received to your question.

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Answered on 8/27/07, 3:06 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: bankruptcy

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Maybe. The trustee can and will challenge any transfers to a relative done in contemplation of filing a bankruptcy. If the trustee determines that it was a fraudulent transaction in order to defraud creditors, you may face severe penalties which may include the dismissal of your bankruptcy to federal criminal charges. It is generally not a good idea to take action as you suggest unless you wait a substantial period of time afterwards in order to file your bankruptcy. You should consult a qualified bankruptcy attorney in your area before taking any action.

Scott R. Jay, Esq.

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Answered on 8/26/07, 6:11 pm


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