My mom gave me a deed to property before she
died and I just never got around to recording the deed, and now I have to file bankruptcy. Is that property going to be protected in
my bankruptcy case? My name is Ron Drescher. I’m an attorney practicing bankruptcy and
creditor’s rights in Maryland, Delaware, Pennsylvania and Virginia. That’s a tricky question, because the bankruptcy
case is comprised of all of your assets, whether you have legal title or an equitable interest
in that property. So there is a good argument that when your
mom gave you that property that was a completed gift. She intended to give you that property and
it’s yours and you own the property, even if it’s not recorded. But under the laws of some states if you haven’t
recorded a deed to property you have no interest in that property, so it will depend a little
bit on the law of the state. But the important issue is, if you do have
an equitable interest in the property, even if you don’t have a legal interest or your
name is not on the title, it will still be part of your bankruptcy estate and it will
still be protected by the bankruptcy. Or, it will still be subject to a trustee’s
ability to sell it in bankruptcy, which may not be a desirable result. My name is Ron Drescher. I’m an attorney practicing bankruptcy and
creditor’s rights. If you have a question about whether an interest
in property you have is going to be part of your bankruptcy, please pick up the phone
and call me. I would love to hear from you.