Can I file chapter 7 bankruptcy?
2 attorney answers
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Although the attorney you consulted with is correct, whether or not you may have a "work around" in a Chapter 13 would depend on an in person consultation and discussion of your entire situation with the attorney. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
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I agree with the attorney you consulted. The transfer of the house back to your wife will be a big problem. The bankruptcy code gives the trustee the power to undo transfers of property that benefit insiders (spouses, business partners, etc) for two years and some states allow the trustee or creditors to undo fraudulent transfers for longer than two years. What you did with the house is a classic case of a fraudulent transfer, even though you may not have had a nefarious intent. If you file, expect to have to spend a bunch of money fighting the trustee over this.
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