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

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

Posted

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.

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Posted

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.

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Posted

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 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

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.

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