Or, similar to a bankruptcy trustee, is there a lookback time for debt collecting companies?
When a court finds out about this, it is referred to as a “fraudulent transfer” or “fraudulent conveyance” and will be viewed very negatively. it is most likely in the course of a court case discovery.
Will they truly inquire as to whether I had a house that I sold one to two years before I was sued, and if yes, what became of the proceeds?
Since it’s his husband, any presents would be considered marital property, preventing fraud in this instance. However, it would also not safeguard the assets.
Yes, but I believed that listing current assets only not previous assets was the extent of legal discovery in cases involving outstanding debts.
Get over your arguments with everyone here and get legal counsel.
I’ve already met with three BK lawyers, one of whom is a trustee with a conservative outlook, and they all had different pieces of counsel for me.All of the advise had one thing in common: since my wife and I each purchased our properties before we even met, we are unable to safeguard them completely under tenancy, thus I will have to wait four years before taking any more action.
Yes, your spouse may be pursued by creditors as most jurisdictions have rules granting them the right to file a lawsuit in order to prevent fraudulent or preferential transfers, such as in bankruptcy. Additionally, they may be able to persuade a judge that you cannot be discharged from this specific obligation in bankruptcy due to your fraudulent actions.
To find out what behavior is deemed fraudulent and what behavior is deemed appropriate bankruptcy planning, you can (and most likely should) speak with a bankruptcy attorney.
They are able to pursue her for the money if she is the legal spouse.
This would be an illegal transfer if it weren’t for your legal spouse or someone else. But you can gift anything to your lawful spouse. They’ll merely target the possessions of your spouse.
Consult a lawyer.