Legal Question in Bankruptcy in Michigan

Filed a Quitclaim and now I'm filing for bankruptcy

On August 4, I filed a Quitclaim to relinquish ownership of a home to my ex-husband after our divorce was finalized in April. The Quitclaim is recorded, dated and stamped with Liber etc. Now I am filing for bankruptcy but my attorney is suddenly saying I have to wait for 90 days before I can do so. She never mentioned this since April. Now I am also reading that I need to have no more then 180 days between bankruptcy filing and the end of my debt management plan which was in April. 90 days will be November and pretty much ruins the 180 day grace period. Is this true about the 90 days before I can file and if so, why exactly?


Asked on 8/13/08, 8:29 pm

1 Answer from Attorneys
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Filed a Quitclaim and now I'm filing for bankruptcy

Because all transfers or financial transactions made in the 90 days immediately prior to filing bankruptcy are automatically reversed, heavily scrutinized, and any monies paid are retrieved by the Court.

With regard to the 180 day credit counseling, that just means you have to redo your credit counseling class, as your certificate is only good for 180 days. You should have discussed all transfers and transactions before doing them, with your lawyer if you knew you were going to be filing bankruptcy.

Just wait 90 days to file.

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Answered on 8/13/08, 10:27 pm


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