Legal Question in Bankruptcy in Kentucky

My mother wants me to transfer her RV into my name so if she has to file bankruptcy over her divorce, so the banks wont take it. Can I get into any kind of trouble for this? It seems like trying to hide an asset, could get you in trouble.


Asked on 4/23/10, 3:36 pm

1 Answer from Attorneys
Gregory Napier Troutman & Napier, PLLC

Yes, this can create problems for you and your mom. For your mom, it could be seen as a fraudulent transfer and, worst case scenario, cause her case to get dismissed without a discharge. Even if not deemed fraudulent, it could still be a preferential transfer and you would have to turn over the RV to the trustee for sale. Your mom will have to report any transfers made to insiders (such as relatives) for the year prior to filing bankruptcy. If she fails to do so, she is violating federal criminal law and could get in trouble for lying to the government.

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Answered on 4/29/10, 6:12 am


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