Legal Question in Bankruptcy in Florida

can I keep my car? I'm a stay at home Mom.

considerig filing soon but I have a car with a trade in value of about $3,000. The rest of my personal property is a bit less than $1,000 total. I don't own property. I don't have a job but I am a stay a home Mom. My husband is not filing and he has his own car in his name. mine is in my name and bought prior to marriage. Will my husband lose his car and can I keep mine? His value is about $1,000.


Asked on 11/25/00, 3:46 pm

2 Answers from Attorneys

Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: can I keep my car? I'm a stay at home Mom.

Since your husband is not filing then assets in his name alone will not be a part of the Bankruptcy so he will keep those items. You may still be able to keep your car. You are entitled to certain exemptions and the car may be saved. Review my web page for helpful Bankruptcy information at www.attorney-4u.com or feel free to contact me if you have further questions. (954)966-4140 Melody Stickel-Martinez, Esq.

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Answered on 11/29/00, 3:23 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: can I keep my car? I'm a stay at home Mom.

Do you really need to file for bankruptcy? A consultation will counsel, such as me. should be included in your decision making process. If you file, then only your non-exempt assets will be subject to claims of the creditors. The car is probably non-exempt and therefore your car will be subject to claims. You cannot pick and choose.

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Answered on 11/30/00, 7:12 pm


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