Skip to main content

Assets in trust protected during bankruptcy?

I set up a trust for me and my family seven years ago and I am one of the beneficiaries of the trust along with my wife and children. Because of a recent and sharp downturn in my business I'm planning on filing personal bankruptcy. Will the bankruptcy trustee be able to sell the assets I transferred into the trust to pay off creditors or will the property (a house) be protected because it's in a trust.

Asset protection trust

Unfortunately, an accurate answer to your question will require more information, and you should certainly discuss the matter with an estate planning or bankruptcy lawyer before you file.  He or she will need more information about the trust, how it was set up, and in what state. However, I can offer some general information.  Under 11 USC §548(e), the bankruptcy trustee can get around your transfer of property to a qualified asset protection trust if the transfer occurred within 10 years of the bankruptcy filing and certain other criteria are met.  The transfer must have been made by you (the debtor) into a "self-settled" trust, and, most importantly, you must have made the transfer with actual intent to "hinder, delay, or defraud" a creditor. Again, talk to a lawyer.  Besides this issue, you should discuss if bankruptcy is, in fact, the best alternative for dealing with your debt.  Good luck.

Talk to a Lawyer Today
Find a Bankruptcy Attorney in your County
Most offer FREE Consultations