Legal Question in Bankruptcy in Maryland
Exemptions (things I could keep, not touched by court)
Can I keep/are exempt from being taken by the court?
I am retired military, would my pension be exempt, a portion is for a service disability.(?)
Could I keep my two dogs?
My car which I have maintained current payments on.
A Personal Computer?
Can I get relief from a joint debt between myself and my girlfriend?
2 Answers from Attorneys
Exemptions in Bankruptcy (MD)
Maryland follows a *state* exemption plan, rather than the federal plan. Here, you can exempt up to $5,500 of miscellaneous items, $500 of personal property, up to $2,500 of property used for your business, all of your pension.
Assuming that the car has no equity or the equity is exempt, the car won't be an issue.
If the dogs are pets (rather than commercial breeding stock or show animals) they have no financial value as far as the bankruptcy is concerned.
The PC is exempted (assuming you have sufficient room).
You can be relieved of a joint debt with your girlfriend. However, the creditor may well decide to then pursue your girlfriend for payment.
If you give me a call at (301) 570-8976, I would be happy to discuss your particular situation.
Brett
Military pension and disability payments in bankruptcy
Military pension and disability payments are entirely exempt in bankruptcy.
Unless your dogs are quite valuable, the Trustee probably won't be interested in selling them.
See a Maryland lawyer for a list of exemptions in bankruptcy. The list is quite long and, in part, convoluted.
Semper Fi!
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