Georgia Bankruptcy Filers Should Avoid Transferring Property

If you are considering filing bankruptcy in Atlanta, Georgia, you should be cautious about transferring property prior to filing bankruptcy. One of the most frequently asked questions from Georgia bankruptcy filers is whether a debtor can keep his assets, including his home, car, and retirement savings after filing bankruptcy. The answer depends on the value of the assets and the amount of protection that Georgia bankruptcy laws give to certain assets. Even if some assets may not be protected, the worst action that a debtor can take is transferring assets or selling assets before filing bankruptcy.

Georgia Bankruptcy Filers

When a debtor transfers an asset that he or she owns free and clear to a third party prior to filing Chapter 7 bankruptcy, the transfer can be reversed by the bankruptcy trustee. For example, if a debtor transfers $10,000 to his mother prior to filing bankruptcy, then the transfer could be reversed by what is called an “avoidance action” by the trustee. Such action is based on a claim that the transferred money belongs to the bankruptcy estate and was made in order to avoid liquidation.

Rather than transferring assets in fear of losing them in Chapter 7 or Chapter 13, those who are considering bankruptcy in Atlanta, Georgia should consult a bankruptcy lawyer in order to protect assets using the allowable bankruptcy laws rather than risk losing the assets by making illegal transfers.

Legal Counsel for Georgia Bankruptcy Filers 

If you have questions about how to keep your property in bankruptcy, call the Law Offices of Charles Clapp at 404.585.0040 to schedule a consultation.

★★★★★

Charles is absolutely a brilliant attorney! He is a critical thinker and determined problem solver. He is very accessible, even via text. If he is in court, his ability to multi-task, you can feel safe and secure in knowing he is handling any issues or concerns. I entrust him with my future, he is a uniquely talented attorney who always challenges himself to achieve the absolute best outcome for his clients.

Donna

★★★★★

I was very satisfied with Mr. Clapp services. He is a man of his word and did everything he told me he would. I would highly recommend him.

Shernita

★★★★★

I came to Mr. Clapp by referral with a complicated case involving both personal and business debts that were out of control. Mr. Clapp evaluated the situation and gave me options that I was not even aware of. He knows his stuff, executed flawlessly, and I have been able to start over. I highly recommend Charles Clapp if you have debt or bankruptcy issues. Listen to his advice, he knows his stuff. I consulted with several other bankruptcy attorneys prior to retaining Mr. Clapp, and they did not have the same breadth of knowledge that Mr. Clapp brought to my case.

Scott

★★★★★

I selected Charles Clapp to handle my bankruptcy based on his already positive reviews and I am glad that I did! He was very accommodating to my schedule and made my negative life experience positive. I was actually very surprised how easy he made the process. Life happens and it’s great to be represented by someone that understand that!!! Stop your attorney search with Charles Clapp!!!

Heather