Legal Question in Bankruptcy in Florida

Bankruptcy and land

My parents are aged 62 and 63 and will have to file for bankruptcy, but they have some land they don't want to lose. Would it be possible for them to transfer this to one of their daughters?


Asked on 3/18/08, 8:02 am

1 Answer from Attorneys

Matthew Z. Martell Law Office of Matthew Z. Martell, P.A.

Re: Bankruptcy and land

If they are filing a Chapter 7 Bankruptcy the answer is most likely no. The bankruptcy court looks back for a period of several years for any real estate transfers. If your parents have a recent transfer of property they owned to a immediate family member right before they file for bankruptcy, then the bankruptcy trustee has the power to void that real estate transaction and sue to have that real property put back in the debtors bankruptcy estate. They would be better to sell the property now for a "cut rate" and live of the proceeds for a few more months before filing for bankruptcy, if possible. Otherwise, the property is going to have to be surrendered to the bankruptcy estate (one way or the other). Sorry!

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Answered on 3/18/08, 8:10 am


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