by the48thronin » Tue 25 Aug 2009, 01:26:11
$this->bbcode_second_pass_quote('Cog', 'U')pdate 2: She did ask me an interesting question. If she were to sell me her current house and the other house for next to nothing, could that possibly protect those from being seized in a bankruptcy? Another question for her lawyer, but just wondered if anyone here knew the answer.
I did tell her after she files bankruptcy to stop paying on those credit cards and anything else she thinks she is going to lose and keep whatever money she has in cash and not in the bank. Don't know if that is good advice but its sounds logical.
In Alabama you are allowed to have 15,000 through bankruptcy. They make you give sworn testimony about the value of cars, house furniture personal property, and CASH ON HAND!
Also in Alabama if they sell you the houses, they cannot file the bankruptcy for 6 months or you will forfeit the houses unless they can show you paid actual value and they can show the money was spent on bills etc. Much too late to help your sister, why didn't they put their flipping business ( pun intended) in a corporation. Then the corp could file bankruptcy instead of them.
Even tho bankruptcy is a federal thing, state laws vary, in Florida they cannot take your primary residence, in Alabama they can and do. Good luck to them.
PS several articles lately about people going to JAIL for years for lying in a bankruptcy court and hiding assets etc...