Rockford, IL asked in Bankruptcy for Illinois

Q: Should I sell my house to my kids before I declare bankruptcy - I was going to pass it on to them when I died.

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2 Lawyer Answers
Ray Choudhry
Ray Choudhry
Answered
  • Bankruptcy Lawyer
  • Moline, IL
  • Licensed in Illinois

A: Your question is very complicated.

Illinois allows certain exemptions, such as for homestead.

If you sell for under market or give away assets prior to filing, the trustee can get those items back and sell them and pay your creditors with the money.

Check with a bankruptcy lawyer about your options.

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: No. You need to evaluate how much equity you can protect with the federal or state exemptions.

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