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    New with a question about an Asset I Own

    Hi,
    I've been considering Bankruptcy for several months. Lost my job over a year ago and been thru several since. All pay half what I used to make and my credit debt is around $50K. Good thing my husband is still gainfully employed. But we are barely making it...sometimes food is not an option

    The thing I fear the most is that we own a cabin on about 5 acres of land valued at about $30,000. This land/cabin is in another jurisdiction then where I would file the bankruptcy.

    I'm afraid the court would take it. I've wondered if I could quit claim it to my Father in Laws Trust, Quit claim it to our adult children or just not 'disclose' that I own it to protect it. This land/cabin is very dear to us.

    Anyone here have some advice regarding this matter?

    Thanks

    #2
    Do not transfer any assets before filing and do not non-disclose the property. If you transfer the asset, the trustee can seize it regardless, unless you can exempt it and if you do not disclose it, you could have your case dimissed for "hiding" the asset.
    Bankruptcy History:
    Chapter 7 filed - 10/12/2005 - Asset
    Discharged - 02/16/2006
    Case Closed - 11/08/2007

    A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

    All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

    Comment


      #3
      Do you owe anything on the cabin?

      Not disclosing it is definitely not a good idea but depending on the exemptions in your district - you might be able to exempt it.
      Filed Ch 7 pro se - 10/03/07
      341 Meeting - 11/20/07 (No Distribution)
      Discharged & Closed - 01/22/08 :yahoo::yahoo::yahoo:

      Comment


        #4
        Okay.....then what? How can I keep it?

        Comment


          #5
          Originally posted by newimges View Post
          Do you owe anything on the cabin?

          Not disclosing it is definitely not a good idea but depending on the exemptions in your district - you might be able to exempt it.
          We own it free and clear

          Comment


            #6
            You may have to provide more information for us to help you, like where you live and where the cabin is located.
            Bankruptcy History:
            Chapter 7 filed - 10/12/2005 - Asset
            Discharged - 02/16/2006
            Case Closed - 11/08/2007

            A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

            All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

            Comment


              #7
              I live in Anchorage Alaska (Anchorage Muni) and my cabin/land is a few hours north in the Matanuska-Susitna Valley (Close to the tallest Mt. in North America; Denali or McKinley to those who don't know its real name)

              Comment


                #8
                Look up the exemptions for Alaska.

                Will you both be filing, or will you be filing alone? If you file alone, do you own the property jointly with your DH or is it in your name only?

                Comment


                  #9
                  I looked up Alaska exemptions and since the cabin is not your homestead and Alaska doesn't offer a wildcard exemption I don't see how you can keep it. There really isn't an exemption that would allow you to.
                  Filed Ch 7 pro se - 10/03/07
                  341 Meeting - 11/20/07 (No Distribution)
                  Discharged & Closed - 01/22/08 :yahoo::yahoo::yahoo:

                  Comment


                    #10
                    We would file together and we both own it. (The marriage is not facing bankruptcy )

                    Comment


                      #11
                      Originally posted by newimges View Post
                      I looked up Alaska exemptions and since the cabin is not your homestead and Alaska doesn't offer a wildcard exemption I don't see how you can keep it. There really isn't an exemption that would allow you to.
                      What if I sold it to family?

                      Comment


                        #12
                        Don't sell it to family. This would look like you were trying to hide assets and it would be taken anyway.
                        Filed Ch 7 pro se - 10/03/07
                        341 Meeting - 11/20/07 (No Distribution)
                        Discharged & Closed - 01/22/08 :yahoo::yahoo::yahoo:

                        Comment


                          #13
                          If you haven't filed for bankruptcy yet and you did sell it to family - you would have to wait a long time to file so that it wouldn't look suspicious.
                          Filed Ch 7 pro se - 10/03/07
                          341 Meeting - 11/20/07 (No Distribution)
                          Discharged & Closed - 01/22/08 :yahoo::yahoo::yahoo:

                          Comment


                            #14
                            How long is a long time? 6 months?

                            What about a chapter 13?

                            Comment


                              #15
                              Originally posted by newimges View Post
                              Don't sell it to family. This would look like you were trying to hide assets and it would be taken anyway.
                              I'm sure it would look like that

                              I don't want to lose it. We plan to make it our home later in life...we built the cabin ourselves and it was alot of blood sweat and tears

                              Comment

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