When can I buy a car for a relative that has gone through bankruptcy? 17 Answers as of January 16, 2014

My mother has filed bankruptcy. She has attended her bankruptcy hearing and has chosen to not reaffirm her car loan. Can I, as her daughter, buy a used car for her and put the car in her name? How long after the bankruptcy process is complete do I have to wait to buy the car?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
You can do this any time after the BK was filed. If you are a "belt & suspenders" kinda person, wait until she receives her discharge.
Answer Applies to: Colorado
Replied: 1/16/2014
J. Baron Groshon, P.A. | J. Baron Groshon
Your mother should direct that question to her bankruptcy attorney.
Answer Applies to: North Carolina
Replied: 1/16/2014
Stephens Gourley & Bywater | David A. Stephens
You could buy her the car now.
Answer Applies to: Nevada
Replied: 1/16/2014
Law Office of Mark B. French
Law Office of Mark B. French | Mark B. French
If your mother has already filed for Chapter 7 bankruptcy in Texas then you can certainly buy a car for her and put it in her name. If your mother is in a Chapter 13 Case then you should check with her counsel and confirm that receiving this gift from you will not cause any problem with her Chapter 13 Plan.
Answer Applies to: Texas
Replied: 1/15/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You can buy a car for her, if you want to be safe you can wait the 60 days from the creditors meeting so her case will be closed.
Answer Applies to: New York
Replied: 1/15/2014
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    Yes you can do that any time.
    Answer Applies to: South Carolina
    Replied: 1/15/2014
    Stuart P Gelberg
    Stuart P Gelberg | Stuart P Gelberg
    You can give it to her now.
    Answer Applies to: New York
    Replied: 1/15/2014
    MCBRIDE LAW OFFICE | Robert E. McBride
    You do not need to wait. As a general rule (There are some exceptions.), only the assets the debtor owns on the date the bankruptcy is filed are subject to administration by the Trustee. Assets acquired by the debtor after the bankruptcy is filed are not included in the bankruptcy estate.
    Answer Applies to: Pennsylvania
    Replied: 1/14/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You need to see if a "no asset report" was filed by the trustee. You can check on this at the courthouse. If the report ha been filed you can buy her a car.
    Answer Applies to: California
    Replied: 1/15/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    Assets acquired after filing a bankruptcy are not under the court's supervision except for inheritances, or assets acquired with other assets owned by the debtor before bankruptcy. If she has not already paid you for the car, she is free to do so now. But if she paid you for the car before she filed, that would have been a reportable transaction on the Statement of Financial Affairs, and could be voided by the bankruptcy trustee. As long as it is really a gift or a post-bankruptcy deal, it's fine.
    Answer Applies to: Oregon
    Replied: 1/15/2014
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    You can do it immediately. I recommend that you make her the registered owner and you remain the legal owner.
    Answer Applies to: Washington
    Replied: 1/14/2014
    Barr, Jones & Associates LLP
    Barr, Jones & Associates LLP | Andrew Brasse
    If your mother already had her hearing, there is no issue with getting your mother a car. You don't necessarily even have to wait for the discharge date. The court will not go after a car that you purchase for your mother after her hearing.
    Answer Applies to: Ohio
    Replied: 1/14/2014
    Lynch Law Offices, P.C. | Roseanne N. Lynch
    You should refer this question to your mother's Bankruptcy attorney. Most attorneys would tell a client not to acquire any additional property before discharge but that is not always the case.
    Answer Applies to: Illinois
    Replied: 1/14/2014
    Havkin & Shrago | Stella Havkin
    Wait until the discharge.
    Answer Applies to: California
    Replied: 1/14/2014
    Idaho Bankruptcy Law | Paul Ross
    You can buy a car for your mother at any point after she has filed her bankruptcy. But I would keep it in your name until the bankruptcy is completed just to keep things clean and clear. Transfer title after her bankruptcy has closed.
    Answer Applies to: Idaho
    Replied: 1/14/2014
    Law Offices of Robert P. Taylor
    Law Offices of Robert P. Taylor | Robert P. Taylor
    I would wait until she receives her discharge. That way, if her case gets dismissed for some reason and she has to refile, she wont yet own that asset.
    Answer Applies to: California
    Replied: 1/14/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Yes, you may buy her a car and put it in her name any time after the date she filed bankruptcy. You do not have to wait.
    Answer Applies to: Nevada
    Replied: 1/14/2014
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney