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Getting my vehicles off the parent's name?

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    Getting my vehicles off the parent's name?

    I have two ford trucks in my parents name for cheaper insurance rates. Both have been paid off since 2005 with clear titles. I bought them with my own money 4 years ago, but titled, registered, and insured them in my parents name.

    The nada on them is :
    1990 - $1000
    1996 - $4500


    My parents might file for bankruptcy in a couple months. I don't know what chapter, but can I legally put these in my name before they file?

    I read on the internet you have to wait a year in georgia to sell (or retitle) a vehicle to a relative before bankruptcy, or it could be considered fraud. But does it count on a older vehicle like this?

    #2
    Unless you buy them from your parents, at market value, the Trustee is likely to think it's an "avoidable" transfer. The Trustee loves to find things like this were relatives/friends move property around just before filing. They consider this to be "hiding" assets from the Estate... which is technically what you are trying to do, because you know they're filing Bankruptcy. This could be a problem for one year immediately preceding the filing of the Bankruptcy... and if they detect fraud, even longer. I would be careful in mentioning that you put the vehicles in "their" name to get lower insurance, as that has an appearance of fraud on the outside, unless you disclosed that to the insurance company when getting the insurance.

    I don't have any other suggestions. You have obviously been thinking about this and started some research.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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