Q: Divorced in March before filing. Signed quitclaim deed before final. Do I add that to Chap 7 if so ,where? filing pro se
I have filed Chap 7 bankruptcy through up solve pro se as I do not have the funds for an attorney. I filed for divorce in November and shortly after signed a quitclaim deed so he could get the house. Divorce was final March 5th and filed for Chapter 7 in April. I did not add the home to my bankruptcy because my name is no longer on it and I was not on the mortgage so I am concerned if I need to make an amendment if I needed to add that and what page that would go on.
A:
There will be questions about that on the Statement of Financial Affairs, and more indirectly, on the Schedules.
It's bold to attempt to do a bankruptcy without counsel, whatever your reason. We recommend that you inquire at your County Bar Association, or the office of the US Trustee, about lawyers who take bankruptcy cases where clients cannot pay an attorneys fee. A fair warning, though- your assessment of your financial inability may be different from theirs.
Timothy Denison agrees with this answer
A:
In filing for Chapter 7 bankruptcy after your divorce and signing a quitclaim deed, it's crucial to ensure all details about significant transactions, like transferring property rights, are accurately reported in your bankruptcy filing. Since you transferred the deed to the home and your name was not on the mortgage, you generally wouldn't need to list the home as an asset you own. However, the transfer itself could be relevant to your bankruptcy case, especially if it occurred close to the time of filing.
The bankruptcy court examines transactions made prior to filing to ensure there was no fraudulent transfer designed to hide assets from creditors. In your situation, you need to disclose this transaction if it occurred within two years before your bankruptcy filing. This is crucial because the court might view it as an attempt to reduce your asset list, potentially impacting the proceedings.
You should check your bankruptcy forms to see if there's a section for disclosing transfers of property. Often, this is included in the statement of financial affairs, which is a part of the bankruptcy forms. If you realize you need to amend your filing to include this information, you can usually do so by filing an amendment with the court where you initially filed for bankruptcy. Review the instructions provided by the court or look for guidelines on their website on how to properly amend your filing. This will help you ensure all pertinent information is correctly included in your bankruptcy case.
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