If my Chapter 7 bankruptcy has been dischardged but the trustee is now investigating my transfer of our house to my wife, what can happen?

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If my Chapter 7 bankruptcy has been dischardged but the trustee is now investigating my transfer of our house to my wife, what can happen?

What can the trustee do or force me to do. My wife did not declare with me

Asked on May 7, 2012 under Bankruptcy Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you filed for a Chapter 7 banckruptcy protection and have received a discharge but the trustee is investigating a transfer of your home to your wife, the trustee can file a pleading with the court referencing a fraudulent transfer of assets to the detriment of creditors and the court can then conduct a hearing with respect to such issue and possible bankruptcy fraud.

If that happens and the transfer is found to be fraudulent, the court can unwind your Chapter 7 discharge and let creditors go after you and your wife. In addition, possible criminal charges could be brought against you if the transfer of title to your wife of the home was designed to defraud creditors.


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