We have a situation where my spouse just found out that her parents deeded a piece of proerty to her and her siblings(in all of their names) about four years ago. They never told us they did it. Since we may have to file a CH13, we told her parents about it. That is when we found out about the other property being partially in her name.
Attorney is suggesting a rejection of gift on a new quit claim deed. Basically she is rejecting their gift. Any thoughts?
I asked about having to put a recent transfer on the CH13 application to the attorney. He stated that he would arguge that it was not a fradulent transfer since there was no consideration given before or after either of the transfers. He says he has litigated this before. Any thoughts on that subject. Sounds tricky.
If he does not prevail, and it is consideried a fraudulent transfer, will that possibly get our case dismissed all together, or would the amount (her share of equity) just neeed to be included in the BK plan? I am a little scared of our case being dismissed.
Any ideas out there?
Attorney is suggesting a rejection of gift on a new quit claim deed. Basically she is rejecting their gift. Any thoughts?
I asked about having to put a recent transfer on the CH13 application to the attorney. He stated that he would arguge that it was not a fradulent transfer since there was no consideration given before or after either of the transfers. He says he has litigated this before. Any thoughts on that subject. Sounds tricky.
If he does not prevail, and it is consideried a fraudulent transfer, will that possibly get our case dismissed all together, or would the amount (her share of equity) just neeed to be included in the BK plan? I am a little scared of our case being dismissed.
Any ideas out there?