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Even though I will have no assets in the home, I am still 'legally' on the deed. Must I claim that in with the bankruptcy trustee?

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Even though I will have no assets in the home, I am still 'legally' on the deed. Must I claim that in with the bankruptcy trustee?

March 31, 2010
9:32 am

Jon Emge

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Forum Posts: 1018

Member Since:
January 14, 2010

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Helen,

I will try to help you here as best I can.

If you are still on the deed to a property it could still be seen as an asset and as such does need to be disclosed in bankruptcy. If you were willing to quit claim the property then if it was lost in bankruptcy you still would not have the property, but possibly also not any proceeds you were to receive.

You're going to need to consult an attorney regarding bankruptcy and they maybe able to better address this issue with you. There also maybe an issue with paying off some of the debts and then going bankrupt for the others.

Immigration is another place to query a lot of your questions and will help direct you as to when to go bankrupt.

In some countries you are correct, whilst in bankruptcy you cannot sponsor someone to come live in that country, but if you are struggling with bills and debts and that person is to be your responsibility as they may not be able to work or be allowed to work initially, the sponsorship could be an issue based on that fact.

Some countries do have a financial test to show someone coming into the country can be provided for.

I hope this helps in some way.

Jon

March 31, 2010
8:38 am

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-From Ontario, Canada

-Separated from legal husband Sept. 1 2009

-Home totally paid for, but in grave disrepair, and can't get fire insurance on it.

-Agreed to quitdeed claim on home for $20 000 – still need to fulfill this obligation. (I'm quite willing, but he doesn't want to make the time! XD)

-All debts are in mine name only, approx. $36 000 left, both unsecured credit cards, and I have dispersed house claim money to all other creditors while paying the remaining creditors, too. (YAY – only two left!)

-Would rather not declare bankruptcy yet, as I have a new Partner that I wish to sponsor as a Permanent Resident from the U.S. The sponsorship will take anywhere from 4 months to a year to complete. We'd be able to start sponsorship no earlier than Sept. 1, 2010.
One does not qualify for sponsorship if one is an undischarged bankrupt.

-Even though I will have no assets in the home, I am still 'legally' on the deed. Must I claim that in with the bankruptcy trustee? I know that the transfer of the house needs to be claimed. How likely will the creditors pursue anything on it, in your experience?

-I know that I will never be able to pay off the rest of the debts on my own, with my income. My surplus income is under the Low Income Cut Off, which means that I'll be eating a nine month bankruptcy instead of a twenty one month one. In your opinion, should I just bite the bullet, then sponsor after discharge, or see how long I can put off paying the Visa and MasterCard for the sponsorship? (Again, generally around six months, but can't start process until at least September 1 of this year)

-Have you an idea how long the banks would 'grant' me before attempting any action against my paycheck? I need to buy two sets of new glasses, and it's either buy them with cash or pay the mininum against my creditors. If choosing bankruptcy, will be doing so by end of April or May, 2010. Will 'They' come after me within two months of not paying?

-Does a Visitor count as a household member/spouse, given that they're with you to a maximum of six months at a time? It doesn't seem like it would, just hoping. =D

-Thank you for your graciousness and generosity. If you choose not to select this question to answer, please still allow me to thank you for making yourself available to those who 'need to know'.

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