Post-Petition Property Transfers

Post-Petition Property Transfers Every so often clients will ask me if they can sell, give away, deed, or transfer property after their bankruptcy is filed.  I’m glad that they ask, because the consequences for a prohibited post-petition property transfer are steep. Let’s quickly review how property works in bankruptcy.  Once you file bankruptcy, all property becomes property of the bankruptcy … Continue reading »

Motion To Abandon Property Of The Estate

The motion to abandon property of the estate is one of the most important parts of motion practice in bankruptcy.  It is particularly important in chapter 7 bankruptcy, because the chapter 7 trustee takes control of all property of the estate.  Additionally, it is important to understand how it works when you omit property from your bankruptcy schedules. Let’s start … Continue reading »

Can I Give/Sell/Deed This Property To . . . .

Whenever someone has some property and too much debt, they want to know how they can protect the property from creditors.  The general rule is that you can use exemptions.  But sometimes, the property does not fit into an exemption category or it exceeds the allowed exemption.  Your first instinct may be to sell the property or to give it … Continue reading »