Legal Question in Bankruptcy in Florida

Responsible Parties

when husband and wife are filing bankruptcy, can one member of the relationship dictate what items should or should not be exempt from bankruptcy? In other words, if the law says that the place of residence, which has a 1st and 2nd mtg on it, can be exempt from bankruptcy; and one of the parties says that they do not want anyone to keep that piece of property - can one of the parties ask that they be allowed to keep the property if they can pay for it?


Asked on 12/28/98, 9:45 pm

1 Answer from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Responsible Parties

Your question poses the classic dilemna of a conflict of interests. Clearly, one wishes to keep the home and the other doesnt. Is there other strife in the relationship? The first step is not to file a joint petition, rather file separate ones. You are really in need of the assistance of counsel. If you wish, stop by and see me. Call for an appointment 305-940-8080.

Alexander M. Rosenfeld

Rosenfeld & Stein, P.A.

18260 NE 19 Ave


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Answered on 1/25/99, 4:39 pm


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