Fong Law Group

Bankruptcy Basics: 3 Types of illegal Asset Transfers during a Bankruptcy

Bankruptcy Basics: 3 Types of illegal Asset Transfers during a Bankruptcy

The desire to protect your assets from creditors is natural, and it’s the main reason debtors file bankruptcy. But there are certain types of asset transfers that are simply illegal when done right before filing bankruptcy. Let’s take a look at a few:

1. Transferring your property into someone else’s name. Some debtors unwisely transfer their assets into the name of a relative or friend because they don’t want to lose the asset in bankruptcy. However, such actions are illegal, and in many cases it’s unnecessary. If you transfer property into someone else’s name, especially in the year before your bankruptcy filing, the bankruptcy trustee may attempt to reclaim the property and deny your bankruptcy discharge.

2. Selling your asset for less than its market value. If you sell an asset for significantly less than its market value, this may be considered an illegal transfer by the bankruptcy trustee, especially if the property is not exempt in bankruptcy. For example, selling your used vehicle to your son for 50% of its value may be considered an illegal transfer by the bankruptcy trustee depending on the asset’s value, the timing of the sell, and whether or not the vehicle is considered exempt property.

3. Paying off family loans.The bankruptcy trustee will disallow any payments you’ve made to family members within 90 days before filing bankruptcy. These types of preferences are disallowed in bankruptcy because it leaves other creditors at a disadvantage. If you paid off a family loan right before filing bankruptcy, depending on the amount, the trustee may demand that the family member return the cash to the bankruptcy testate.

If you want to transfer or sell assets before filing bankruptcy, talk to an attorney at Fong Law Group at (626) 289-8299 to find out if you can do so without negative consequences.

What Type of Bankruptcy Do I Qualify For?

What Type of Bankruptcy Do I Qualify For?

There are two main types of bankruptcies for consumers:

Chapter 7 allows you to eliminate most unsecured debts in a matter of months in return for giving up all "non-exempt" property -- if you have any.

Most people, who file for Chapter 7, have no available non-exempt property or equity. Whatever they still own by the time they file is either protected by exemption laws, or pledged to a secured creditor as collateral for a debt and therefore not available to pay off unsecured creditors.

These are known as "no asset" bankruptcies, and most Chapter 7s are of this type.

Chapter 13 takes 3 to 5 years. Instead of giving up property, you repay a portion of your debts and live within a strict budget that is monitored closely by the bankruptcy court trustee. If you can't make the required monthly payments, your Chapter 13 bankruptcy fails and your debts will remain (unless you convert to a Chapter 7 bankruptcy).

Chapter 13 is commonly used by people who are behind on secured debt payments (e.g., mortgages) and want to propose a Chapter 13 plan to catch up on these payments over time.

Under the new bankruptcy law, which took effect in October 2005, a mathematical formula called the "means test" establishes an initial determination of the kind of bankruptcy you qualify for: Chapter 7, Chapter 13, or either. This formula takes into account:

• your monthly income
• the amount and kind of your debts, and
• other aspects of your financial situation

If your annual income is less than the California median income for your household size, then you can file for Chapter 7 or Chapter 13, (assuming you meet other qualifications). If your income is higher than the state median, you must first complete a long list of expense deductions to estimate what your 'disposable income' will be over the next five years. The result of this calculation determines whether you can file for Chapter 7, or are left with Chapter 13 as your only option.

Take the Bankruptcy Means Test to see if you qualify.

Contact Fong Law Group today for a free consultation at (626) 289-8299

Don’t Fall Prey to These Estate Planning Myths 不要成為這些資產規劃謠傳的犧牲品 (中英對照)

“Estate planning myths can make an already complex process, even more complicated.”

Most people think that wills are a “one and done” sort of document. However, tax laws change and so do family dynamics. People who have minor children, really need to make sure that their will includes the naming of a guardian, as well as a trustee to manage assets on the children’s behalf. Just because you have a will, advises the Cleveland Jewish News in the article “Estate planning myths common, but debunkable,” doesn’t mean your work is done.

One common myth is that a trust is completely creditor protected. While there are some trusts that achieve this goal, there are many that don’t.

Another myth is that once an estate plan is completed, there’s no need to revisit or make changes.

Perhaps the biggest myth around estate plans, is that they are only needed by wealthy people. Actually, everyone needs a will.

People chat with their friends and neighbors and pick up snippets of information, which is usually incorrect. As with any kind of story, once a piece of information has moved through a few different people, it becomes confusing, even if it started out accurate.

Unless it comes from an estate planning attorney, don’t get any legal advice at a neighborhood or family gathering. The results can be disastrous.

If you think having a trust alone is enough to prevent your heirs from having to pay any taxes, your kids will be in for a big and expensive mistake.

If you don’t set up guardianship for your minor children, then the court will appoint a guardian. It’s entirely possible that it may be a person you would never have wanted to raise your children. If a separate financial trustee is not named, there won’t be any checks and balances on how the money left for your children is spent.

If you don’t have an estate plan in place, and especially if your family includes minor children, make an appointment to speak with an estate planning attorney soon. They’ll talk with you about your family, your hopes for what would happen if you should pass and create a series of legal documents that will protect you, while you are living (like a power of attorney and a medical power of attorney) and after you have passed.

Don’t let the myths keep you from planning for the future and protecting your family.

Reference: Cleveland Jewish News (Sep. 20, 2018) “Estate planning myths common, but debunkable”

“資產規劃謠言可以使一個已經很複雜的過程更複雜。”

大多數人認為遺囑是一種“一勞永逸”的文件。但是，稅法改變，家庭改變。有未成年子女的人，確實需要確保他們的遺囑包括監護人的命名，以及代表子女管理資產的受託人。在Cleveland Jewish News的文章中“Estate planning myths common, but debunkable,” 說僅僅因為你有遺囑，並不意味著你的工作已經完成。

一個常見的誤解是信託完全可避免債權人的追討。雖然有一些信託是可以達到這個目標，但有許多信託並不可以。

另一個謠言是，一旦資產計劃完成，就沒有必要重新審視或做出改變。

也許關於資產計劃的最大謠傳是，只有富人才需要。實際上，每個人都需要。

人們與他們的朋友和鄰居聊天，並獲得零碎信息，這通常是不正確的。跟其他故事一樣，一旦信息通過不同的人傳開，即使開始是準確，後來也會變得混亂。

除非是來自資產規劃律師，否則不要在鄰里或家庭聚會上接納任何法律建議。結果可會是嚴重的。

如果你認為只有信託便可以防止你的繼承人支付任何稅款，那麼你的子女將會遇到一個重大而又昂貴的錯誤。

如果您沒有為未成年子女設立監護權，那麼法院將指定一名監護人。他完全有可能是一個你永遠不想撫養你子女的人。如果未有指定財務受託人，則不會對您的子女留下的資金進行任何制衡。

如果您沒有資產計劃，特別是如果您的家中有未成年子女，請盡快與資產規劃律師聯繫。他們會和你談談你的家庭，你的意願及制定一系列法律文件(如授權書和醫療授權書）在你在世時及去世後去保護你。

不要讓謠傳讓你無法規劃未來並保護你的家人。

參考 : Cleveland Jewish News (Sep. 20, 2018) “Estate planning myths common, but debunkable”