Bankruptcy Law
Auto Loans and Financing

If i transfer my car into someone elses name in a chapter 7 to avoid losing it how would the courts know i hadn't sold the car instead?

Answer

Wiki User
06/11/2008

Doesn't make a difference...in either case the deal is able to be reversed by the court.

Some other things to consider:

There are many ways information is found. For example, there are records of your ownership. Your financial records likely have receipts for insurance payments, etc.

You will be required to answer questions, under oath to the court, about all such items covering some period (generally 2 years) before your filing. Failing to answer correctly and being discovered, not only probably results in the dismissal of your BK case, but even criminal charges. Courts/judges do not like being lied to.

Any action you take with the intent to hide or make assets that would be available to creditors unavailable is also reason for the above.

In the broad sense now...consider, you are going to ask the Court to protect you and help you (your the one wanting the assistance, not your creditors...you ask for protection under the US Bankruptcy laws)...and they will likely act to give you a real break...and others will be hurt by them doing so. Trying to trick the one your asking for help and is going to do all that....probably not advisable!

In that same vain...your needing BK, entirely or at least in part, because you haven't understood basics of finance as they apply to you, and then mishandled things to your own detriment. I would suggest that same person should think twice at least before the first and one time they are involved with something attempt to outsmart the very experienced people and complex laws developed over decades and millions of cases, that make up the credit and bankruptcy field.

Surely you don't think what your suggesting is novel and hasn't been thought of and tried many, many times before...even enough that it is something standing procedures are in place to guard against?