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Seperating

I filed for bankruptcy in March of this year. I should get an automatic discharge in Dec.

My common-law wife and I have a home that she/we bought 1 1/2 years ago. The house is 100% in her name. We are thinking of seperating.

If I were to move out of the house and she gives my $20,000 to $25,000 as a `go away` payment and this is done before my discharge could this money be seized to pay off creditors?

What if we wait until January to seperate and she makes the payment then. Will this be scrutinized or am I ok at that point to recieve the funds?

Do trustees or the courts monitor activity post-bankruptcy for any period of time?

Thanks

Posted from: Quebec

One Response to “Seperating”

Barton Goth – Goth & Company Inc. – Bankruptcy Trustees said...

If you are aware that this money is going to come to you then you have a legal obligation to disclose it to your trustee. This is an asset that should come into your bankruptcy estate for the general benefit of your creditors.

Failure to disclose this is a bankruptcy offense and if you are involved in it will likely nullify any discharge and could potentially result in a fairly significant fine.