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    Want to protect my assets

    I am getting ready to file for bankruptcy, assuming that I can, I am uneducated at the moment on bankruptcy. Things that I would really like to protect:

    1. My wife's GOOD credit

    ......Can you get in trouble for attempting to protect assets by means of giving them away, "Selling" them really cheap to friends or family?

    I am concerned about posting my situation and desires if it is punishable.

    #2
    Now, even stupid me is qualified to answer. DON'T DO IT. I did not and even within that vein, I am being investigated and it has been more than 90 days after my 341. It is absolutely not allowed to sell or hide stuff. You need to have everything up front 90 days, 180 days, and a year for some things. This time I believe I'm correct. Trust me, I'm suffering for a weak lawyer and for 17 bucks you can get the Chapter 7 book online in pdf format if you are computer savvy. Don't hide a damn thing.
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

    Comment


      #3
      Originally posted by AngelinaCatHub View Post
      Don't hide a damn thing.
      Blunt, but makes the point hit home.

      Do not attempt to hide things, the trustee will find out. Chances are, unless they are some really valuable things, the trustee might not go after them anyway, because more often than not, it just isn't worth it for her/him to jump through the hoops for it.

      Another big problem people have is overestimating the value of something. Say you bought a plasma TV 2 years ago and paid $3K for it. You'd be lucky if it were worth $1K now.

      The biggest question you need to ask yourself savemy, is will you be filing with an attorney, or will you be filing pro se?
      Filed Ch 7: 12/27/07
      341: 2/6/08
      Discharged: 4/11/08
      Finally closing: ???

      Comment


        #4
        Ditto to the above posters. If you are in true need of a chapter 7 discharge and the relief bk will give you, best bet, be honest. Trying to hide your valuables could get detected and your entire case could get thrown out.

        Keep in mind, the Trustee's job is to find assets and distribute the money to your creditors. They are very good at this. Whatever you are planning to try, I'm sure they've seen it before. I wouldn't if I were you because it's not worth it.
        Filed Chapter 7 (Primarily Business Expenses) 04/10/2008 FICO 468 :cry:
        341 on 05/06/08:unsure:House appraisal on day 63:blink: 07/10/2008 Discharged-Asset Case!!!:yahoo:08/09 Transu 559, Equifax 636, Experian 647
        Case Closed 07/15/2009 :D:yahoo:

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          #5
          What if i sold a truck 8 months ago really cheap. I sold it to my father in law. Will they still think I'm trying to hide an asset??(going to file next month)

          Comment


            #6
            no expert

            Not an expert at all put it probably makes a difference if you sold a

            $10,000 truck for $1k
            or a
            $2000 truck for $200

            Comment


              #7
              Can't Do It, you I think have to list any insider trades on your forms that occured I think in the last year, and you will have to list that one. Your intent at the time is what is important. So long as you didn't do it to hide assets you should be good. If your honest with them then it might not hurt to much. At worst they could reverse the trade so long as you are honest up front.

              OP: As the others said hiding assets from the Trustee is a bad mistake. You could be charged with BK Fraud after having your case dismissed with prejudice. It means you could never file bk again on the same debts and that they will prosecute you.
              May 31st, 2007: Petition Filed by my lawyer
              July 2nd, 2007: 341 Meeting Held
              September 4th, 2007: Discharged and Closed.

              Comment


                #8
                Jr: what do you mean reverse the trade??? Do you mean i have to give up the money?

                Comment


                  #9
                  And you could go to jail
                  pa308 (equifax fico 6-21 471) 594 on 3-09 671 7-09
                  filed ch7 6-12
                  341 7-25
                  Discharged and closed 9-24

                  Comment


                    #10
                    There are two old sayings that should apply to anyone thinking of attempting to hide assets in a BK or to beat the system in some way - "You can run, but you can't hide;" and "Oh what a tangled web we weave when we practice to deceive." Keep them in mind. They are so true.
                    _________________________________________
                    Filed 5 Year Chapter 13: April 2002
                    Early Buy-Out: April 2006
                    Discharge: August 2006

                    "A credit card is a snake in your pocket"

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                      #11
                      Originally posted by CANTDOIT View Post
                      Jr: what do you mean reverse the trade??? Do you mean i have to give up the money?
                      Yes, that's what jr meant.

                      However, if the car you sold was for fair market price and you did it nine months before you filed, then chances are you'll be ok.

                      If you plan on filing with a lawyer, what does he/she say about this sale?
                      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                      06/01/06 - Filed Ch 13
                      06/28/06 - 341 Meeting
                      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                      10/05/06 - Hearing to resolve 2 trustee objections
                      01/24/07 - Judge dismisses mortgage company objection
                      09/27/07 - Confirmed at last!
                      06/10/11 - Trustee confirms all payments made
                      08/10/11 - DISCHARGED !

                      10/02/11 - CASE CLOSED
                      Countdown: 60 months paid, 0 months to go

                      Comment


                        #12
                        As lrprn said The Trustee has the power to undo any transfers of property he deems abusive, this is something you chould ask your lawyer cantdoit.
                        May 31st, 2007: Petition Filed by my lawyer
                        July 2nd, 2007: 341 Meeting Held
                        September 4th, 2007: Discharged and Closed.

                        Comment


                          #13
                          Yeah thats what I'm going to do. I don't need or want any problems...

                          Comment


                            #14
                            Good luck with it
                            May 31st, 2007: Petition Filed by my lawyer
                            July 2nd, 2007: 341 Meeting Held
                            September 4th, 2007: Discharged and Closed.

                            Comment

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