Adding brother and sister to property - how to?

[simon2020]

I filed chapter 13 and one of my properties (I have 2) were behind in taxes. I included the taxes in my plan. The trustee already paid them last month. So now they are paid in full. Both properties were left outside of the plan.

I would like to add my brother and sister to the deed - only for the first property because there is no mortgage. Free and clear.

1. Is it possible to do this while I am in ch 13 for the next 5 years. FYI - there is no mortgage - just property taxes and I want them to share in the expense of that property.

2. What is the easiest way to add them while in a plan? I'm thinking of forming a trust, but not sure if that is a best route or just to a Quit Claim Deed.

Thanks.

[HHM]

You need to get permission from the Trustee. The property, as an asset, is part of the bankruptcy estate (regardless of loans against it). You don't really need to add them to the deed in order to do a contract with them to share in expenses.

[justbroke]

As HHM writes, you need permission from the Court and Trustee. I don't see why you need them on the deed in order for them to share in any expenses.

I would venture to guess that if they are going to be paying for part of the expenses (taxes), then the Trustee me be inclined to increase your monthly plan payment since that could be considered additional income (or less expense).

[simon2020]

They are being added for personal family reasons. Secondly, there would be NO reason for the trustee to increase my payments since I am in a 100% plan.

[justbroke]

They are being added for personal family reasons. Secondly, there would be NO reason for the trustee to increase my payments since I am in a 100% plan.

That's good that your payment won't be affected. (Sorry that you're in a 100% plan, though!) You will still need approval by the Court and Trustee.

[simon2020]

Yes -- the 100% payment isn't pretty, but there were 3 main reasons for my plan:

1. Wanted to keep my secured properties - been in my family for years.
2. Had a lawsuit for an unsecured loan and they were about to file for a wage garnishment.
3. Keeps all my creditors at bay since now they cannot add anymore ridiculous fees, interest and penalties which would have taken me 75 years to pay at the rate I was paying them per month.

So 100% sucks - yes, but I've learn so far how to budget and live within my means. I am DETERMINED to make this plan work and when I'm done, I will be jumping up for joy!

[justbroke]

It sure sounds like you are on top of these things and are fully utilizing the Bankruptcy process to get your debt under control.

[HHM]

In any event, since putting someones name on a deed is a type of transfer of property, you will need permission from the trustee.

[simon2020]

In any event, since putting someones name on a deed is a type of transfer of property, you will need permission from the trustee.

I am on a tight budget and was wondering how to go about asking the Trustee (pro per) permission?

Is there a form I can file myself with the bankruptcy courts?

Then do I just go in front of the judge representing myself or do I really have to call my attorney and have him represent me for this simple question?

I want to avoid bringing him in since I know he will charge me another arm and leg for this procedure.