FRAUDULENT TRANSFERS AND THE U.S. BANKRUPTCY CODE

By Fredrick P. Niemann, Esq. a New Jersey Fraudulent Transfer Attorney

As previously posted, there are two types of fraudulent transfers. The second type of transfer does not necessarily involve any actual wrongdoing, meaning no fraudulent intent involved.  It is a common trap which honest, but under informed debtors fall when filing a bankruptcy petition without an attorney.

Particularly devastating and not uncommon is the situation in which an adult child takes title to the parents’ home as a self-help probate measure (in order to avoid any confusion about who owns the home when the parents die and to avoid losing the home to a perceived threat from the state). Later, when the parents file a bankruptcy petition without recognizing the problem, they are unable to exempt the home from administration by the trustee. Unless they are able to pay the trustee an amount equal to the greater of the equity in the home or the sum of their debts, the trustee will sell their home to pay the creditors. Ironically, in many cases, the parents would have been able to exempt the home and carry it safely through a bankruptcy if they had retained title or had recovered title before filing.
Contact me personally today to discuss your fraudulent transfer matter.  I am easy to talk to, very approachable and can offer you practical, legal ways to handle your concerns.  You can reach me toll free at (855) 376-5291 or e-mail me at fniemann@hnlawfirm.com/.

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