Legal Question in Bankruptcy in Georgia

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My mother lost her job and filed a chapter 13 to keep her property, however since that time she changed jobs and was not paying the bankruptcy court the trustee fee for managing her case. Because of this the bankruptcy court has filed an involuntary chapter 7 against her to get the monies owed to them. She has not been able to secure a home equity loan because of her current credit rating. She has 10 years of equity in her home. When she purchased her home it was $83,500. The question is can she do a quit claim deed to save her house? Whoever does the quit claim deed, do they have to be credit worthy? can the bank refuse or deny it?

Asked on 8/24/03, 10:13 pm

1 Answer from Attorneys

Lee Morgan Morgan & Morgan
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Re: Help

I don't believe that selling or giving away the property is the answer. The Trustee has broad powers to void any transfer that may be considered fraudulent. Did your mother hire an attorney to help her with the bankruptcy? If not it sounds as though she may need to, as there are other ways that she may be able to save the house. Of course I would need more information in order to give any specific advice.

From the content of your post, it seems that we may be able to help you. If you would like to pursue this further, you may set up an appointment to meet with one of our attorneys. The first visit is completely free of charge and may be scheduled by phone at:

(706) 548-7070 in Athens, GA or the surrounding area, or

1-800-924-7438 in all other areas.

A map to our office can be sent via e-mail if you request.

DISCLAIMER: It is not possible to give specific legal advice based on the limited information in your query. Information in our response should be considered general information only and NOT advice specific to your situation. Furthermore, no attorney client relationship is intended to be created by this correspondence. You are not a client of Morgan & Morgan Attorneys at Law, P.C. unless and until we specifically agree to represent you and the appropriate fee contract has been signed.

You should not rely on this information alone in deciding your course of action. We recommend that you speak to an attorney of your choice and seek specific advice and representation.

Morgan & Morgan Attorneys at Law, P.C is licensed to practice law in the state of Georgia only. The general information contained in our response is based on Georgia law. If you or another party to your dispute resides in another state, the information provided may not be applicable.

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Answered on 9/04/03, 10:15 am

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