Legal Question in Bankruptcy in Florida

Re: pre bankruptcy refinance

Hello: I just read your question. If you choose to file BR, it will not effect your refinancing. You would not be discharging that debt I presume. If you did want to discharge that debt, that would require you giving up your home. The only concern there is there is a rule that does not allow a discharge of certain debts that were incurred within a certain time period before filing(I would have to look up the exact time).

You cannot get into any trouble by filing a BR. This prob. doesn't apply to you, but the only way someone can get into trouble when filing a BR is to put down fraudulent info. on the papers. If a there is some issue over a particular debt, that debt may not be dischargeable, but, that by itself doesn't get anyone in trouble.

If someone were to sue another over a debt, the defendant does not have any trouble in the criminal law area, just civil law. That is, the plaintiff can only get a judgment against the defendant. A judgment is simply a piece of paper that says def. owes plaintiff. Plain. can try to collect on the judgment by garnishing wages or bank accts. in some circumstances. You may not have asked for all that, but you seemed worried about getting in trouble so I wanted to explain that.

'Hope this helps. Tom Rosenblum