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how long should I wait to file after changing deed?

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    how long should I wait to file after changing deed?

    Hi, I looked into changing the deed of our house to a tenancy by entirety , which would exempt the house when filing. We live in Indiana btw. I talked to a laywer and she said that we would need to wait 2 years after changing the deed. Is there a reason to wait 2 years? I thought they only looked into the previous 6 months?

    #2
    Originally posted by Jupiter8 View Post
    Is there a reason to wait 2 years? I thought they only looked into the previous 6 months?
    The previous six month look-back is for establishing income and expenses. Otherwise the trustee and courts can look back years if they suspect a filer did something for the sole purpose of hiding or protecting an asset from the court outside the normal state bk exemptions.

    Changing the deed to a house could fall in that category, so that's why your lawyer wants you to wait at least two years after the deed change to file. It's easier to prove what you did was not an intent to defraud with years between the action and filing than if you did the same thing and filed six months later.
    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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