Legal Question in Bankruptcy in Minnesota

banckruptcy

My parents deeded their property to their children, I got into financial difficulty, so I filed quit claim deed six years ago. I lost my house last year, I owe 50k+ and I would file chapter 13, but do not know if the filing of the quit claim will show intent to defraud, or whatever it is called. The lawyer we consulted simply said he couldn't help us and walked out of the room, that cost us 200.00. I don't really know what to do, now. Should I still try to file the debt away?


Asked on 1/11/09, 11:35 pm

2 Answers from Attorneys

Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: banckruptcy

Whether chapter 13 is feasible depends on how much you can afford to pay into the plan as well as how much your interest in the property would be if you hadn't quit claimed it away. It might not be a problem since it was six years ago, but I think a chapter 13 should be feasible if you can afford the payments. You might want to see if there's another chapter 13 attorney you can talk to.

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Answered on 1/11/09, 11:40 pm
David Kelly-952-544-6356 Kelly Law Office

Re: banckruptcy

There are two statutes that allow the bankruptcy trustee to recover assets transferred to a relative: one looks back two years, the other looks back six years. So I would want to take a close look at exactly when it was that you made that transfer. If it is comfortably past the six year mark, it might not be a problem.

I would also want to look into why you want to do a 13 and not a 7. Chapter 7 is better most of the time.

From your zip code it looks as if you live near Zimmerman. Lots of people from that area have found it worth their while to drive over to my office.

You can find my contact info at http://www.mn-bankruptcy.com.

This is for general information purposes only, is not legal advice, and does not create an attorney-client relationship. You should consult a lawyer of your choice in person concerning the details of your case.

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Answered on 1/12/09, 2:28 pm


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