Legal Question in Bankruptcy in Nevada

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Can a house that is owned free and clear be kept out of a chapter

7 bankruptcy by putting it in some sort of trust vehicle for the

children of the person filing?


Asked on 7/20/04, 2:41 pm

3 Answers from Attorneys

Transferring Home Before Filing Bankruptcy

You could do this, but it probably would be considered fraud and would prevent you from receiving a Bankruptcy Discharge. Instead of trying to play games, you would be much better off seeking the advice of a competent Bankruptcy attorney. Believe me, the price you pay for trying these things on your own would be WAY TOO HIGH! If you are in southern Nevada, you can call my office for an appointment

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Answered on 7/20/04, 4:50 pm
Paul Malikowski Malikowski Law Offices, Ltd.

Re: Home

You may want to consider avoiding bankruptcy completely and recording a Homestead Declaration under these laws: http://www.leg.state.nv.us/NRS/NRS-115.html You can protect up to $200,000 in equity in your free and clear home. My office handles asset protection cases designed to avoid bankruptcy and protect children.

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Answered on 7/20/04, 5:34 pm
Stan Johnson Cohen, Johnson, Day, Jones & Royal

Re: Home

The short answer is no. The Bankruptcy Trustee would set aside the transfer and you run the risk of loosing the entire house. You can exempt $200,000 of equity in the house if you file. This would probably be your best bet. If you want to discuss this further please call.

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Answered on 7/20/04, 10:51 pm


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