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    ? on a BK regarding marriage

    I may need to file a Chapter 7 BK because of MASSIVE business debt that I personally guaranteed.
    I have no personal debt other than a house payment. The house ownership was transferred from me to my wife 3 years ago and I am the only one on the mortgage. There is about 500k in equity in the house. We live in Georgia.
    If I file BK but my wife does not, do we have to provide a list of her possessions and banking transactions or just mine? BTW, she is not employed and has no income other than child support from a previous marriage.
    We also have a large tax refund coming. We filed a joint return. Can she keep her 1/2 of the money while my 1/2 goes to an attornet retainer and living expenses?

    Thanks

    #2
    As we've pointed out in your previous posts, your bk is not going to be routine. Have you spoken with a lawyer yet?
    Given the circumstances you described last month, you can bet you and your wife will be subjected to a pretty through examination.

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      #3
      Looked back on the other threads, you had good advice there.

      Not to scare you but yes the normal lookback is 2 years but considering the debt load you have you probably looking at a massive audit and probably 5-10 year lookback, and yes they could undo your transfer of property, not sure they will but they could.

      As lrprn suggested before you need to seek competent legal advice, your situation is very complex and I certainly wouldn't do it pro se. You need to seek out bk lawyers that have handled cases similar to yours and talk with them, they can advise you best how to proceed.
      May 31st, 2007: Petition Filed by my lawyer
      July 2nd, 2007: 341 Meeting Held
      September 4th, 2007: Discharged and Closed.

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        #4
        Just to add a thought - I had to provide 10 years of real estate purchases and loan documentation to the Trustee. They were looking to see if I had transfered property to someone else during the past 10 yrs. I did not (except in the case of a normal sale to a third party) so I was successfully discharged, but I had a good attorney and loads of documentation.

        So yes, you probably will have the Trustee interested in your transfer of the house to your wife. You will need an excellent attorney - and start getting your documentation ready.
        Filed CH 7 9/30/2008
        Discharged Jan 5, 2009! Closed Jan 18, 2009

        I am not an attorney. None of my advice is legal advice in any way..

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