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Bankruptcy

: Arizona Bankruptcy Attorney Blog

Can I Donate My Car to the Church before I File my Chapter 7 Bankruptcy in Arizona?

By Joseph McDaniel, Esq.

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That would be a "no".

The adage in insolvency law is that you must be fair before you are generous. It surprises me, because I'm an Arizona bankruptcy lawyer, that so many people want to be generous, just prior to filing a bankruptcy case here in Phoenix.

So if you have a car that you can't keep because it's not exempt, you can think about selling it at arm's length to somebody who buys it for close to fair market value, and then use the proceeds to buy food, fuel and provisions (baby formula? diapers? toothpaste? It's not clear what provisions may be).

But don't give the car to anybody or any organization you like prior to filing. It's a clear fraudulent transfer (you don't need fraudulent intent to make it a fraudulent transfer) because in Arizona, there's a FOUR-YEAR fraudulent transfer statute that's available, through state law, to the trustee in your case.

Now, you probably weren't insolvent four years ago, so the birthday present you gave to your kid is probably okay, IF YOU GAVE IT TO HIM FOUR YEARS AGO, WERE NOT INSOLVENT AT THE TIME, AND YOU TRANSFERRED TITLE BACK THEN, NOT NOW.

Full post as published by Arizona Bankruptcy Attorney Blog on August 04, 2009 (boomark / email).

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