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Payments to familyOwing debts to family members or trying to avoid creditors or the bankruptcy trustee from taking your things by transferring assets to a family member is never a good idea prior to filing your bankruptcy case.  If this issue sounds familiar then you should consult a bankruptcy attorney to see whether it would be advisable to wait to file your bankruptcy to avoid complications in your bankruptcy case.

If you do owe debts to family members at the time of filing your case then they must be listed as a creditor along with everyone else on your bankruptcy petition.  If you have paid any money to any family members or relatives prior to filing your bankruptcy case in the year preceding your filing, then you must list this payment as a payment to an insider on your bankruptcy petition.  If the amount was small it should not cause a problem, however if a large amount was paid, then the bankruptcy trustee can take this payment away from your family member to distribute equally to all of your creditors which would be a reason to wait to file your case if something like this has happened.

If you are you are worried about a friend or family member losing their interest in a secured piece of property such as real estate or a vehicle you should always create a formal contract and make sure their security interest is recorded much like how a bank operates and records their interest in property. This creates a paper trail and evidence that a friend or family member actual owns a secured interest in the property in question. If you have questions regarding this matter feel free to contact a  bankruptcy lawyer with the Symmes Law group by calling 206-682-7975 and be sure to read up with this article: Bankruptcy and debts owed to family and friends

  • Richard Symmes

    Hi, Richard here

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