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Are my things at risk when my boyfriend files bankruptcy?

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confusedinMN

Junior Member
What is the name of your state? MN

I have been living with my boyfriend/daughter's father, who is filing bankruptcy (Chap. 7 on his business that is also on the property, as well as personal bankruptcy due to the failure of the business). Our daughter lives here as well. Are my daughter's and my possessions at any risk of being seized? I have a lot of things in storage in one of the buildings on the property, from when we combined the two households, and the majority of the household items are mine, and I am the one that bought everything our daughter has. He and I have no common possessions at all - we've kept everything separate - and MN does NOT recognize common law. I have a lot of dollar value in my things, and am very concerned.
 


Who's Liable?

Senior Member
No, your items are not at risk. He would have to have everything in his name if there was a chance of siezure. On top of that MOST companies do not want the items back, they want the money for said items.

Go with your BF to his BK consultation, or have him ask the BK Attrny...
 

confusedinMN

Junior Member
Actually, I found out he did call Wed. and asked his attorney, who would not give him a straight answer. Could the following issues be a consideration: 1) we have lived together for 13 years. But as stated before, MN does not recognize common-law. 2) We are separating and our daughter and I are moving out soon. I just purchased a house, and once we get done painting we will begin our move. I hope that within 3 weeks we'll have most of the current house items moved, but it could take another month or 2 to deal with the other things stored in the out buildings. (My mother passed away recently, which is another reason why I have so much stuff and why I am very protective of it.) I work 6 days/50 hours per week, and have no more paid time off this year, which contributes to why this move will take so long, not to mention lives that have been intertwined for actually 15 years, 13 in the same house.
 

BelizeBreeze

Senior Member
confusedinMN said:
Actually, I found out he did call Wed. and asked his attorney, who would not give him a straight answer. Could the following issues be a consideration: 1) we have lived together for 13 years. But as stated before, MN does not recognize common-law. 2) We are separating and our daughter and I are moving out soon. I just purchased a house, and once we get done painting we will begin our move. I hope that within 3 weeks we'll have most of the current house items moved, but it could take another month or 2 to deal with the other things stored in the out buildings. (My mother passed away recently, which is another reason why I have so much stuff and why I am very protective of it.) I work 6 days/50 hours per week, and have no more paid time off this year, which contributes to why this move will take so long, not to mention lives that have been intertwined for actually 15 years, 13 in the same house.
anything solely in his name or his sole ownership (provable) is attachable.
Anything in shared ownership is attachable but only to his portion of ownership.
The rest is yours and untouchable.
 

You Are Guilty

Senior Member
BelizeBreeze said:
anything solely in his name or his sole ownership (provable) is attachable.
Anything in shared ownership is attachable but only to his portion of ownership.
The rest is yours and untouchable.
Usually true,but, like most questions, there is a "gray area" hidden in there. Subsection (h):
http://www4.law.cornell.edu/uscode/html/uscode11/usc_sec_11_00000363----000-.html

I've only seen it happen with respect to houses, not personal property, but you never know what a Trustee will do.
 

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