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Can a postnuptial agreement make a no asset bankruptcy a safe option for me? I have huge premarital debts. All assets are in

Miami, FL |

wife's name. I have thought of filing for bankruptcy before, but she has always been worried about her assets being questioned. If we get an attorney to draw up a postnuptial agreement which clearly says all assets are hers and all debts are mine, would this allow for me to safely and successfuly file for chapter 7 no asset bankruptcy?

Attorney Answers 4

Posted

It would likely do no good at all and be a waste of money and paper, and might just make the Trustee take a closer look. Transfers and transactions just before filing are even worse. If these are important questions, the person to ask is the lawyer you meet with to discuss your filing. Based on your post, the lawyer will also have questions for you. Meet with a couple and choose one.

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Asker

Posted

So would the trustee even care about her assets? They are my debts and it will be my bankruptcy, not hers.

Posted

If you have assets to lose, why are you trying to save a few thousand dollars? Get an attorney that can analyze the facts and circumstances of your case and that will help you 1. retain your assets and 2. keep you out of jail.

I personally prefer mid to high end priced attorneys so you avoid many of the mill ones.

The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here. Please visit my web site: www.avanesianlaw.com for more information about my services.

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Asker

Posted

jail?

Michael Avanesian

Michael Avanesian

Posted

You can go to jail if you hide assets and don't tell the Court. Now I understand you plan to tell the whole truth but sometimes people who get creative push some of these limits so I wanted to warn you (note, not scare you, and I am sorry if I did).

Asker

Posted

no i would never do that. tks for clarifying

Posted

If this neat little trick worked, by itself, I suppose I could stand on the corner outside of the bankruptcy court and sell these forms. This sort of over-intellectualizing by non-attorneys is what makes complex situations all the more complicated because a non-lawyer will hear something from her hair dresser and believe that the simple solution will work. Your situation is complex enough without adding layers to it. You need to set up a conference with a competent bankruptcy counsel and avoid seeking anonymous piece-meal advice here.

Posting questions anonymously and receiving general answers do not substitute for consulting with an attorney licensed to practice in the jurisdiction in which you live. Answers posted here by Kevin C Gleason are only intended for general education of the public on legal matters. Please consult a qualified professional before deciding what to do about your situation.

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Posted

I agree with all the previous attorneys. I just want to add: Invest in a consultation with a bankruptcy attorney or two before you do ANYTHING. Good luck.

Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.

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