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What can be done if I made some bad decisions to move assets?

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    What can be done if I made some bad decisions to move assets?

    In the past year, I had heard of possible layoffs at my company and then I had medical problems putting me on disability so I started to get paranoid about my finances although at the time I wasn't near approaching the idea of bankruptcy. Now I'm seriously thinking about it if things don't turn around in the next 6 months, however I made some dumb decisions before researching or seeking consultation. I "transferred" two vehicles to relatives.

    One of them was a vehicle my siblings and I purchased for my aging parents. We split it three ways and I put it in my name since I had to pay for the insurance monthly. The value of the vehicle was about 8k on kbb so instead of paying my siblings back I "sold" it to them for $7k instead of gifting it, to basically reimburse them the vehicle for the amount I owe them for pitching in the car because they also have to pay ~$1k for tax and registration.

    About a year ago when my son turned 15, before I started having financial concerns, I bought him a cheap Honda Civic about $4k and had it under my name because he wasn't 16 yet dmv wouldn't let him have it under his. He never really got to like it so he found one that he wanted a couple months ago and so we bought it $5k and put it under his mom's name (we're divorced) since she is paying his monthly car insurance and it resides at her house, and then I sold the civic to a stranger for $4 and put that cash back into my checking account.

    Both of these issues have me tossing and turning at night if they will jeopardize my chapter 7 (i'm on disability no other source income). Can I be up front and tell them what happened and agree to repay these will that help mitigate any concerns of fraud?
    Last edited by foobar1; 12-02-2016, 07:31 AM.

    #2
    Selling a vehicle for consideration is not fraud, as long as you got fair market value. It sounds to me that you got fair market value in both car sales.

    Paying for your son's car and putting it in his mother's name could be considered a fraudulent transfer. But, the consequence is that the trustee could try to get the car back. The trustee very well may instead accept payment from you. You may also be able to claim an equitable interest in the car and exempt it. Your profile says you are in California. California has a pretty generous wildcard exemption. So, unless you have significant assets, these transactions are not likely to be an issue. Just be sure that you tell your bankruptcy attorney about them so that the required disclosures can be made in your petition. Always be upfront and tell everything to your attorney and let you attorney guide you on what you should tell the court (via information in the petition) or the trustee.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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