Legal Question in Bankruptcy in Florida

Two Questions

I have two questions. One, if the debts I have are all in my name, does my wife have to be included in the bankruptcy? Can I strictly go on my income to determine median level income?

Two, someone told me they had two autos, filed bankruptcy, and kept both. They had both financed and told me they just had to reaffirm the debt on both. Is this true? I have a truck and a motorcycle. I use the truck to pick up my son when it is raining, hauling garbage......., but it gets ten miles a gallon, so I ride the bike most everywhere I go. I thought I was only allowed to keep one vehicle with less than 1,000 equity in it.


Asked on 11/10/07, 6:56 pm

1 Answer from Attorneys

Paul Daley Daley Law

Re: Two Questions

This answer is not legal advice but only a general discussion of legal subjects. Only when all facts are known can advice be accurately given.

First question, you must include all household income when calculating median income. The "current monthly income" received by the debtor is a defined term in the Bankruptcy Code and means the average monthly income received over the six calendar months before commencement of the bankruptcy case, including regular contributions to household expenses from non-debtors and including income from the debtor's spouse if the petition is a joint petition, but not including social security income or certain payments made because the debtor is the victim of certain crimes. 11 U.S.C. � 101(10A).

Second question, reaffirmation of a debt often allows the debtor to keep the asset. You are correct that Florida allows one vehicle per debtor and one thousand dollars ($1,000) equity. However, many factors must be taken into account. Equity in the vehicles and the ability to pay following the bankruptcy are just two.

You should contact an attorney to get a consultation; this is the only sure way to know how bankruptcy could help or hurt your situation.

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Answered on 11/10/07, 8:07 pm


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