I filed chapter bankrupy and was granted a discharge. Now trustee is going after my wifes assets saying they were mine, even tho

Asked about 1 year ago - Santa Rosa Beach, FL

assets were in wife and daughters name. what recourse do i have, as trustee is dragging matter out.

Attorney answers (4)

  1. Jeffrey B. Lampert

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . You are in a difficult situation, for sure. I do not know that YOU have recourse. You received your discharge. In theory, you are not a part of the dispute, it is your wife and daughter must defend. If you transferred assets to them, the trustee will do his/her best to claim a fraudulent conveyance. There are many factors to be assessed, including the time frame, what they gave you in exchange for the assets, etc.

    This type of proceeding calls out for you to have them retain an attorney so they can have proper advise and counsel.

    I hope you found this response to be helpful. If so, your clicking "helpful" and/or "best answer" helps my Avvo... more
  2. Kevin Christopher Gleason

    Pro

    Contributor Level 15

    2

    Lawyers agree

    Answered . On what basis is the Trustee pursuing your relatives? Has a complaint been filed or are we just at the demand stage? More details are needed, but I agree with the other attorneys that the "targets" need counsel.

    Posting questions anonymously and receiving general answers do not substitute for consulting with an attorney... more
  3. Scott Benjamin Riddle

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Obviously, there is more to is than the assets were in their name, but you chose to not tell us those important details. Either your wife and daughter risk losing, just give up and settle, or they hire a lawyer to fight it. This is why it is important for people filing Bankruptcy to get a lawyer, and discuss all facts (such as transfers made to family) BEFORE filing. If someone decides to not get a lawyer, it is often a very expensive mistake for them and their family.

  4. Gary D. Bollinger

    Contributor Level 19

    3

    Lawyers agree

    Answered . You wrote, "I filed chapter bankrupy... granted a discharge. Now trustee is going after my wifes assets saying they were mine..."
    A: I doubt that. The bankruptcy Trustee is likely saying that the assets were transferred from you to them and are recoverable from them under a "clawback" provision of the Bankruptcy Code or under State law.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,120 answers this week

3,107 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,120 answers this week

3,107 attorneys answering