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acquiring property after discharge within 180 day post-filing period

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    #16
    Originally posted by free42 View Post
    OK, here's a twist. I just looked at the title to the car, that I have been holding on to since I haven't known how to handle this situation. My petition papers were filed September 14, and the title transfer to me is dated Sept 5. Is this an issue?
    Originally posted by justbroke View Post
    There is really no issue, but it's always good to put "distance" (in time) between property transfers. We don't want the Trustee think that you actually received the gift before the filing of the petition!
    This is precisely why I posted what I posted earlier. If you are dealing with property transfer "too close" to the filing, you are sure to get into trouble with the dates! I will say it again... avoid making property transfers too close to the petition date.

    Time is both your friend and your enemy in Bankruptcy.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #17
      I have a similar question. We have some cash we are going to exempt, through Federal exemptions. If shortly after we are closed and discharged, we find a mobile home to buy with it, can we? I would only do it if my landlord had no problem letting us out of our lease (maybe keeping the deposit as liquidated damages, and staying till she had a new renter), and if we found a deal too great to pass up. The kicker is we would no longer be paying the rent we are now, and if the trustee checked, would he be able to say "Now that you aren't spending $1300 a month in rent, you can do a chapter 13", even tho we are discharged and closed? I did ask our attorney's para-legal and she said to wait 90 days after we close. Why would we have to if it is legal for us to do so?

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