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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Matter of showing timing Posted by Ward-CA- on June 07, 2003 at 7:20 PM In Reply to: Purchasing and BK 13 posted by Jk on June 05, 2003 at 5:07 PM : Hypothetically speaking of course... Let's say someone get's a deed signed a day before an emergency chapter 13 filing and the deed is recorded before the BK is dismmissed, but after the filing. Will Title be OK with this on the flip? =•=•=•=•=•=•=•=•=•=•= JK, There’s nothing wrong with any pre-petition transfer of the ownership of real property prior to the filing of bankruptcy as long as the transfer was not made to hinder or defraud the owner’s creditors. And as long as the deed was executed and delivered to the grantee before the filing of the grantor’s bankruptcy then the bankruptcy court would not have had jurisdiction over the transfer. But the rub is proving to a title company later on that the executed deed was actually delivered to the grantee prior to the filing for bankruptcy and thus didn’t require the blessing of the bankruptcy court. Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : : Hypothetically speaking of course... Let's say someone get's a deed signed a day before an emergency chapter 13 filing and the deed is recorded before the BK is dismmissed, but after the filing. Will Title be OK with this on the flip? : =•=•=•=•=•=•=•=•=•=•= : JK, : There’s nothing wrong with any pre-petition transfer of the ownership of real property prior to the filing of bankruptcy as long as the transfer was not made to hinder or defraud the owner’s creditors. : And as long as the deed was executed and delivered to the grantee before the filing of the grantor’s bankruptcy then the bankruptcy court would not have had jurisdiction over the transfer. : But the rub is proving to a title company later on that the executed deed was actually delivered to the grantee prior to the filing for bankruptcy and thus didn’t require the blessing of the bankruptcy court. Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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