Stollings, WV asked in Bankruptcy for Kentucky

Q: My wife is in chapter 13 and owns property outside the plan. Is she allowed to transfer it to me to obtain mortgage?

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3 Lawyer Answers
David Luther Woodward
David Luther Woodward
Answered
  • Bankruptcy Lawyer
  • Pensacola, FL

A: Don't ask me! Ask your wife's lawyer!

You have given no underlying facts that support anything, so giving you an opinion is worthless.

Good Luck

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Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: Not without permission of the court!

Nick Curtis Thompson
Nick Curtis Thompson
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: Yes with court approval for most transfers. Whether she can transfer depends on how much equity she has in the property. If the property would not have given creditors any meaningful distribution in a Chapter 7 the judge may allow it.

However. if there is substantial equity for the benefit of creditors no. Look at your exemptions. She can keep up to 25,000 in equity in a home. But I agree that you should ask her lawyer and you dont have enough facts to answer the question.

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