Debt in my name only, out of my mom's OK?

[jasmin]

I owe my mom money, and part of my debt is on a card of hers. Is it considered fraudulant that I would sign her over the car and borrow on a card of mine in order to pay off her card in hopes of getting the debt strictly in my own name. I am not sure I can make the payments but I would like to try.I have other cards as well. My montly payments are $1000.00 which is half my salary. If in the end I can't do it and I have to file Chapter 7 are they going to come back on me or her

[AngelinaCatHub]

YES to all your questions. DON'T do it. Don't make a transfer of payment to pay Mom. Best I would say is, if you are intending to bk, stop paying and USING the cards now and pay Mom directly for that debt and let as much time go by as possible to file. What I read is the quintessential 'insider' payment. 'Hub

[fltoo]

Jas, I know you are nervous about this, but you have asked this several times in different ways. First you said you were going to transfer and then go BK, now you are saying you want to try to make the payments and if you can't, you will file BK. No matter how you spin it, fraud might be suspected. No one can tell you for sure how a trustee is going to see this.

Transferring the car is fraudulent and the trustee will ask you under oath if you transferred anything of value in the past 2 years.

Don't transfer or pay your mom anything until you check with a lawyer.

Search the threads here for fraudulent transfers and insider payments. Plenty of info.

You will be fine, you just need to arm yourself with information.

[jasmin]

Thanks everyone for your help. I just can't afford to lose the car, I use it for work and get mileage reimbursed. Is there no way to save it if I file ch 7?

[Tbornetun]

Yes you can save it. Who told you that you couldn't?