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Question about fraudulent transfer in CA

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    Question about fraudulent transfer in CA

    For three years, I helped my mother hide money from my father in case they divorce. I placed her 77K in CD (certificate of deposit) under my name. She decided that she can finally trust him now and took the money back and opened up 77K in a CD under her name.

    My main concern is this: I currently have 50K in unsecured debt (mainly from several years of bt for college and a car). My interest rate is very low on my credit cards and I was able to pay them off slowing after graduating from college. I work in sales and was making a decent income, but now I make less than half of what I used to due to the great economy. I am cutting expenses left and right, but still cannot manage to pay down the debt. Worse case scenario, if things don't change, I might have to file bk in about a year and a half from now when my cushion fund runs dry and I can't make min payments. What issues might I encountered for holding money for my mother? I can see that others might think that I am just doing a fraudulent transfer. Does anyone know what the look back period for the state of California?

    #2
    As long as (1) you can prove that the money you deposited in the CD for your mom was truly her own money and not yours, and (2)you can wait at least a year to file, then you will probably be ok.

    However, the very best way to determine this in your unique situation is to set up free initial consult appointments with 3-4 bk lawyers in your area about 9 months before you think you will have to file. This is a great question to ask during these interviews.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      Thanks for the response! BK would only be a last resort for me. Unless something else comes up, I should be ok with my cushion fund and continue cutting expenses. I am lining up another job right now that should bring my income up again to a decent amount.

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        #4
        Lrprn is spot on. You have to prove it, but be forewarned!! It is going to raise a huge red flag and might bring undue scrutiny to the rest of your case. So make sure the rest of your case is squeaky clean!!

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