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  #1  
Old 06-13-2002, 01:52 AM
vulnerable
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Is our house safe?


What is the name of your state? GA

I am considering bankruptcy. My husband owns our home in his name only. He also owns our car. We just got married, and nothing I owe involves him in any way. I sold him my house recently because I was missing payments and was worried I would not be able to keep up.

Is he liable in any way for my debts and will he be drawn into a bankruptcy?
  #2  
Old 06-13-2002, 09:10 AM
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As long as your house and car are in your husband's name only, then those are safe, they can't do a thing to him or those assets.
Only those things with your name on them will be affected. He should not be drawn into your bankruptcy.

However, you could have a huge problem with the sale of your house to your husband. Any transfers of property during the year prior to your filing for bankruptcy will be suspect. If you file, it could be dismissed because of it.
  #3  
Old 06-13-2002, 10:34 AM
vulnerable
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this is bad, because I have already done it. When we started the transfer, I didn't expect the bankruptcy... Just wanted to get the debt off of me because things were going so poorly... Am being forced to act on bankruptcy because of mounting problems with collections...

What would happen if I waited a year? Is that what I should do?
  #4  
Old 06-13-2002, 10:39 AM
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You really need to see a lawyer. A lot will depend if you sold the house at a fair value.
  #5  
Old 06-13-2002, 11:15 AM
vulnerable
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Sold the house for what I owed on it only. I did have equity.
  #6  
Old 06-13-2002, 11:18 AM
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Every state allows you to exempt a certain amount of equity in a home in bk proceedings. If the equity was below your states threshold, you may be in the clear. Again, I'd suggest you visit a lawyer.
  #7  
Old 06-13-2002, 11:51 AM
vulnerable
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Got a call into a lawyer. Thanks for the advice.
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