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Asked in Palm Desert, CA Nov. 24, 2018 ,  3 answers Visitors: 7
Should I lower my ownership interest in a condo from 30 to 1 percent if I might go bankrupt? Will creditors catch that?

3 Answers

Anonymous
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Posted on / Nov. 24, 2018 18:20:49

Same answer as other question.

Anonymous
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Posted on / Nov. 24, 2018 17:12:29

You should consult with a local bankruptcy attorney to find out your options. Transferring ownership the way you propose is not recommended but you still might be able to protect your asset. A more detailed analysis is required and that is why you should contact someone who and evaluate your WHOLE situation.

Anonymous
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Posted on / Nov. 24, 2018 14:21:16

i see that you have asked this question before in a different way.

All assets that you own or have a right to must be listed in a bankruptcy filing.

Transfer of an interest in property is subject to a trustee recovering (reversing the transaction) for up to (or maybe beyond) 2 years prior to the filing date.

So if you own 1% or 30%, you must list that and you must be able to exempt your interest or the trustee can take it.

Additionally, if you transfer, for example, 29% within two years of filing, the trustee can get to that property. At that point you can't exempt the recovered assets.

Talk to an experienced bankruptcy attorney before any of this happens, including the transfer. At that point real values and the actual situation can be discussed and you can get real advice.

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