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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 11-06-2003, 01:20 AM
rusty93
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Pre-bankruptcy planning


What is the name of your state? AZ

A lawsuit is pending against me, no judgement yet, but if I lose I may have to file chapter 7.

I am trying to plan now for the worst case scenario of filing chapter 7. No idea how long it may be before I have to file, but probably less than one year. I have several questions:

1. I own my automobile outright. Estimated current value 17,000, owned for less than one year. AZ exemption is $5000 I believe (I think it was recently changed from $1500). Obviously, I don't want to lose my vehicle, so I recently added a lien to the title in the name of my stepfather for $17,000. I backdated the lien to the purchase date. Will this work or do I need to do something different to keep the vehicle? I never received any money from him to purchase the vehicle.

2. I plan to use my current cash assets to pay off my 2nd mortgage (exempt asset) and all of my student loans. I wish there were some way to pay off debt to a close friend without it looking preferential or fraudulent. Any ideas?

3. Is there a dollar amount below which a transfer of assets is safe? For example, could I send $300 or $500 or even $100 per month or every two weeks to a close friend or family member so that I have at least a small savings left when I emerge from bankruptcy?

I would greatly appreciate any advice or suggestions.

Last edited by rusty93; 11-06-2003 at 01:24 AM.
  #2  
Old 11-06-2003, 09:39 AM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Any AGGREGATE amount of $600 or more paid to INSIDERs would be considered preferential -- don't do it. The Trustee would go after your friend/relative to get that money back from them.

Not sure about the lien on the vehicle ... even to me it sounds like hiding an asset and the Trustee could very well see it that way too.
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  #3  
Old 11-06-2003, 02:26 PM
rusty93
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What if I pay $599 to everyone I know... Seriously though, if I paid 400 to my stepdad and 500 to my mom, etc. would that fly?
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