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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 02-15-2007, 07:48 AM
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owning property after bankruptcy????


What is the name of your state? TN
Hello. My home is currently under my FIL's name. He is wanting to transfer the home over to my husband and me. I filed ch 7 last year. Am I supposed to wait a certain time afterwards to have propoerty in my name? I was thinking that it is one year, but I am not sure if that is one year after the filing or the disbursment date?????

Thank you!!
  #2  
Old 02-15-2007, 10:01 AM
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Location: South Cackalacky
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Quote:
Originally Posted by tnc79 View Post
What is the name of your state? TN
Hello. My home is currently under my FIL's name. He is wanting to transfer the home over to my husband and me. I filed ch 7 last year. Am I supposed to wait a certain time afterwards to have propoerty in my name? I was thinking that it is one year, but I am not sure if that is one year after the filing or the disbursment date?????

Thank you!!
Has your bankruptcy been discharged? If so, what was the date?
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  #3  
Old 02-15-2007, 10:16 AM
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The discharge was in June06. I had filed in Feb if that matters.

Thank you
  #4  
Old 02-15-2007, 11:18 AM
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Once your bk is discharged and closed, you're free to do as you please.
  #5  
Old 02-15-2007, 05:39 PM
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Your BK filing date is the end of an era.


Money you make after the filing date, or property you acquire after the filing date, is yours, outside of certain restrictions- an inheritance, for example. You do not need to be discharged to be able to start reaccumulating money and/or/property in a chapter 7 BK. However- the customary advice is to not have changes in income or assets after the filing date and before the 341 date.
  #6  
Old 02-15-2007, 08:20 PM
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Originally Posted by Sebaatian View Post
Money you make after the filing date, or property you acquire after the filing date, is yours, outside of certain restrictions- an inheritance, for example. You do not need to be discharged to be able to start reaccumulating money and/or/property in a chapter 7 BK. However- the customary advice is to not have changes in income or assets after the filing date and before the 341 date.

This is not correct. Chances are, once the 341 is concluded, the trustee is done with you. But, until the bk is cllsed, the trustee still has controll over yur case.
We had a lady here last year whose home had equity exempt from creditor seizure. She sold the house after discharge but, prior to the bk clolsing. The trustee discovered the sale and revolked the discharge and went after the equity received.
The issue is not can yolu accumulate property post filing. Just be sure it's not over the exemption level prior to closing.
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