Legal Question in Bankruptcy in Florida

My husband is filing for bankruptcy. Ch. 7 i think. We keep everything separate, but jointly own our home and the car I drive. I know the house is protected, right, but I am really worried about the car. It is paid for and the title says his name or my name. Does this mean the bankruptcy will take my car too? Will they force a sale of it and give me half the money? How does this work. Thanks,


Asked on 7/15/11, 8:04 am

1 Answer from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

A chapter 7 bankruptcy will include property interests of the debtor. Therefore, the 1/2 interest of your husband is subject to bankruptcy rules of law. Depending on the exemptions to which he is entitled and the value of his interest in the vehicle, he may be required to pay to the trustee some amount for his interest. It does not require taking of the vehicle but, like other personal property, if it isn't covered by an exemption, the debtor is liable for its value.

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Answered on 7/15/11, 2:51 pm


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