Legal Question in Bankruptcy in Florida

You should counsult with an experienced bankruptcy attorney and discuss in person all the issues you are facing. Many bankruptcy attorneys offer low cost or no cost consultations for bankruptcy purposes.

Generally speaking, money in your 401(k) is protected from creditor claims and the bankruptcy trustee. The lawsuit you refer to should be included in any bankruptcy filing, and depending on the circumstances of the lawsuit and the claims against you it will likely be discharged with your bankruptcy. That means if your bankruptcy is completed fully you will not be liable to the person who sued you. They will not be able to re-file their lawsuit either, provided they are included properly in your bankruptcy.

As for the vehicle, depending on the type of bankruptcy you file, the value of the vehicle, how much you owe, and if you are current, you may be able to keep the car. There are a lot of factors to consider when filing bankruptcy and in most cases general answers are not sufficient to get you where you need to be. You really should make an appointment to meet with a bankruptcy attorney.