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    questions about tranfers

    Originally posted by keepmine View Post
    First of all, it's not illegal to deposit your check into any account you please. It's not a fraudulent transfer since, you have not been sued.
    Having said that, your ex is an ex for a reason. Noway I'd go down that road.
    If One Of My creditors Has already won a Suit against me, then me tranfering money from my bank to my spouses bank is considered a fraudulent transfer?

    What are the implications of this, I regularly transfer money into her account from mine so she has spending money as i am the only sole bread winner.

    Exactly what is considered Fraudulent transfer?

    #2
    I believe a fraudulent transfer is when a debtor is insolvent they transfer assets to another party. While one can pay any creditor they wish (when not filing BK since preferences are considered,) one cannot transfer assets to another party at the sake of not paying creditors. Paying a debt to creditors, CA's, and others is probably not considered a fraudulent transfer. Transferring assets to a non-creditor, non-CA, etc probably is considered fraudulent if no creditor, CA, etc., is benefiting.

    Under the BK code there are year+ transfers to insiders, and preferential payments to others that must be considered.

    I think the laws vary by state. Keep everything in your name would be my opinion. Or, work with cash and money orders.

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      #3
      I don't see it as being fraudulent. What's the difference between what you're doing and simply taking the money out of your account and living on cash? Even if you keep using your wifes account they could easily run an information subponea your way and you'd have to disclose where the money is anyway. It's one of those "you can run, but you can't hide" situations.

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        #4
        Creditors are always offering "blank checks," up to the amount of credit you have available. And their always advertising "NEED CASH !?" we'll send you a check, go on vacation, buy this, buy that, pay your bills off etc. I don't see anything fraudulent either.

        Best of Luck, Catchmeifyoucan
        July 2006: Filed Ch13 :blink:
        Oct 2006: Converted to Ch7 :clapping:
        Jan 2007: DISCHARGED :clapping:
        Nov 2007: CLOSED :yahoo::yahoo::yahoo:

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