Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do: (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.

Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

Property purchase over two years ago:

  • Filter
  • Time
  • Show
Clear All
new posts

  • Property purchase over two years ago:

    Posting here, even tho I posed same question in a PM....but the answer might help some other poor soul!

    Trustee trying to call an investment land purchase I made over two years ago a fraudulent transfer. When I read the bk code, sometimes I get a bit confused,but implies (to me) that if the trustee can only go back two years to look for a fraudulent transfer. What do you think?:

    Section 548(a)(1) defines a fraudulent transfer in this way:

    The trustee may avoid any transfer (including any transfer to or for the benefit of an insider under an employment contract) of an interest of the debtor in property, or any obligation (including any obligation to or for the benefit of an insider under an employment contract) incurred by the debtor, that was made or incurred on or within 2 years before the date of the filing of the petition, if the debtor voluntarily or involuntarily—

  • #2
    How did the trustee know you transferred a piece of property? Did you list it in the SOFA? And if you did and it was more than 2 years ago, then why was it listed?

    A trustee can argue that the case was filed in bad faith and therefore the time limit does not apply ( at least that is what I assume would be their approach)
    Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.


    • #3
      Well this is just more of a FUBAR case. The property I bought was indeed a SECURE piece of land but because the deed was being held until the note was paid in full...held by a notario in Costa Rica....the judge said it was unsecured and not secured...BS I say but it allowedhim to dismiss my 13for being overthedebt limits.
      So yes, it was listed as an unsecured debt (although it was secured by a recorded DOT) when I filed a Ch 7 just after the 13 was dismissed.

      The Trustee isn't going after the land in Costa Rica...goodluck....but the monthly payments I made for the last year before filing (as preferential) But then she also calls it a FT
      for payments that were 'transferred' during the last two years.

      Des answered the ? re the fact that I purchased the property over two years ago by saying: " Yes but, under Section 544(b)(1) a Trustee can use your State's fraudulent transfer statute to void the transfer as allowed by State law. This takes it beyond the 2 years as most States have a 4 year window.

      The other claims by the Trustee don't exist:insolvent, debt, insider but I was hoping that this could have been resolved just by citing the 2year look back . Sigh.


      • #4
        it seems taht the basis for her objection (besides the allegation that i was insolvent and seller an insider...neither of which is true) is that I dind't get any value for the paymetns
        I made on the loan. Well, I was paying for 10 acres of ocean view land that could be subdivided into 10to 20 lots, each appraised at @ $130k per lot at time of purchase.The payments included p&i. I filed a chapter 13 two years later and wanted to keep both my house and the investment property but the 13 trustee said that I couldn't keep the investment property, that I had to let the lender take it. After my 13 was dismissed (because of the ridiculous motion brought by ex that my secured loan was really unsecure aas it wasn't recorded in the US....DUH, recorded in the country where the land was) , I filed a 7 and put down what the judge had ordered...unsecured debt...even tho I'd already deeded the property back as ordered by the 13 trustee months before.

        Looks like I will have to hire an attonrey to respond, even though it is all a bunch of crap instigated by my ex who has filed over 50 motions/objections so far.


        • #5
          i hate to see you have to hire an atty for this...because you and i both know they just want to take your $$$$$$.....however, you also know that the amount or the value is most likely the trutee's point of contention....

          you have had your plate so full....i am in awe of you that it' s still hasn't are certainly one brave lady!
          8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! and all are welcome to bk forum's Florida State Questions and Answers on BK


          • #6
            Hi Jacy, thanks for responding but I have no idea what you might be referring to. The property I bought or was buying was an owner carry, if you will, and I was making timely P and I payments on it since 2008 until I was told by the trustee that I had to surrender it in my Ch `13. The Ch 13 was later dismissed and I filed a Ch 7. The Ch 7 trustee's attorney is now claiming that the sale that commenced in 2007 was an FT and that she wanted the lender to give back all the payments made . Hope that helps....perhaps you were replying to someone else's thread?


            • #7
              Nope CoBelle - she is just a random adbot spammer - notice the nonsense post *and* the advertising link in her signature line.

              Hope you are doing okay...
              ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
              Not an attorney - just an opinionated woman.


              Unconfigured Ad Widget