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UFTA and Powers in Bankruptcy

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snappy1

Junior Member
What is the name of your state? GA

Does anyone know some basic details of how, when, where a state bankruptcy provision for fraudulent transfer that requires transfer to have occured within 1 year of filing for petition is used in relation to the UFTA that many states have adopted? Does the UFTA surpercede the 1 year bankrupcty provision and do trustees use often and when do they use the UFTA as a guide in determining fraudulent transfer in a bankruptcy case? does this mean facing fraud charges as well? also what are the effects in relation to the bankruptcy? dismissal? non-discharge of a portion of the debt equal to equity or value of property, assests transferred? etc..?
 


bigun

Senior Member
You may get a better response if you'll just tell us what you've done.
Just because you transfered property does not mean it's fraud or substantial abuse. Did you sell it at the FMV ?If so, what happened to the proceeds? What sort of property?
Ex. A fellow on another site was worried because he sold off about $5K worth of baseball cards the last year or so. He had receipts to show he used the money to pay the rent and and other living expenses during a period of unemployment. No problem from his trustee. You may just need to explain what happened.
 

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