Asked in Bankruptcy and Real Estate Law for Alabama

Q: My brother sold family land to me and I haven’t gotten it put in my name. He filed bankruptcy without telling me.

Will I be able to transfer the land into my name? I trusted him and didn’t think I needed anything, except a receipt from purchasing. Is there anything I can do to sort it out? My husband and I are approved for a loan with the land.

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5 Lawyer Answers
Anthony M. Avery
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Answered

A: BR Trustee will claim title to that parcel. unless Debtor is able to exempt it. If so, after about 2 years you should be able to get it transferred to you. If part of the BR Estate, then you can try to buy it from Trustee. You and Brother need to talk to the BR attorney.

Timothy Denison and Martha Warriner Jarrett agree with this answer

Martha Warriner Jarrett
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Answered
  • Bankruptcy Lawyer
  • Santa Barbara, CA

A: Consult a local bankruptcy attorney ASAP. Once an attorney examines whatever documentation you have regarding the transfer, they may be able to recommend a course of action but your brother has put you in a very difficult situation.

Timothy Denison agrees with this answer

Paul  Burkett
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Answered
  • Huntsville, AL
  • Licensed in Alabama

A: This is not legal advice as to this specific question or case you have submitted but information I believe is relevant to your question. That said you should hire a lawyer to navigate all the possibilities before you. In general, these types of cases can involve many documents a lawyer will want to view. He will need all documentation involved, including filed land records and bankruptcy filings and the payment information and any emails or writings which may have been involved to review. Depending on the value of the real estate, you would need to decide whether the cost to investigate the status by an attorney is economically feasible based on the possible property value or recovery. Also, I suggest you weigh up all costs and to hire a lawyer help you make the decision in moving forward. Dont wait any longer to get advice. Time is of the essence.

Timothy Denison agrees with this answer

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

A: Hire yourself a bankruptcy lawyer immediately do you don’t get screwed in bankruptcy court.

James L. Arrasmith
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Answered
  • Bankruptcy Lawyer
  • Sacramento, CA

A: I'm sorry to hear about the difficult situation you're in with the land purchase from your brother. This is a complex legal issue, and the best course of action will depend on the specific details of your case. Here are a few general points to consider:

1. Bankruptcy proceedings: If your brother has filed for bankruptcy, the land may be considered part of his bankruptcy estate. The trustee assigned to the case will review the transaction to determine if it was a legitimate sale or if it could be considered a fraudulent transfer.

2. Proof of purchase: The receipt you have from purchasing the land will be important in establishing your claim to the property. However, without a properly recorded deed, your ownership may be challenged.

3. Loan approval: If you and your husband have been approved for a loan with the land as collateral, you should inform the lender about the current situation. They may have additional requirements or advice on how to proceed.

4. Legal assistance: Given the complexity of the situation, it is highly recommended that you consult with a real estate attorney who specializes in bankruptcy cases. They can review the specific details of your case and advise you on the best course of action to protect your interests.

5. Act quickly: It's essential to address this issue promptly, as delays could make it more challenging to resolve the matter in your favor.

Your best path forward is to seek guidance from a qualified attorney who can assess your unique circumstances and help you navigate this complex situation.

Keith Edmiston agrees with this answer

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