Ask a Bankruptcy Lawyer September 2006

If you have a general question about filing bankruptcy, you can submit your questions here. Please note that all questions received are answered by a real bankruptcy attorney, however, the answers given are only meant to be general in nature and are not meant to replace legal advice.

If you are outside of California and need an attorney, click here to find an attorney. Again, none of the information found on this site is meant to replace the advice you can obtain through a qualified legal professional, in your own state (as certain things differ by state in bankruptcy), who has taken the time to look at the specifics of your case before answering.

Can I Discharge a Judgement in an Automobile Accident?

Q: "I was recently sued for an auto accident that occurred 3 years ago by an insurance company. They suspended my license to get me to pay. I contacted the lawyer of the insurance company to see what I could do and they are asking for more than I can afford. Would filing for bankruptcy help me get my license back? I need it to continue working. Thank you for your time."

Signed: Need a License to drive, Florida


A: Probably, but it really depends on Florida state law. If the basis of suspending your license was the failure to pay on the accident, then obtaining a discharge in bankruptcy should satisfy the state licensing body.


How Does a Wife's Bankruptcy Affect Joint Marital Assets?

Q: "My husband and I have a boat and a timeshare together in both of our names. If I were to file for bankruptcy to have all my debt relieved, what would happen to the stuff that both our names are on? Would filing for bankruptcy for myself only change his credit standings in anyway? "

Signed: Joined together, Georgia


A: That depends in part on whether Georgia is a community property state. I really have no idea if it is or not. Are there any liens against those two assets you mentioned? If so, you would have to take steps to reaffirm the debt in your bankruptcy case or reach an agreement to continue to make payments on the debt in order to retain the collateral. If you own the items free and clear, then whether you can keep them depends on the equity interest you have in each asset as well as what exemptions are available to you under applicable state law at the time you file your bankruptcy case.

Ask a Lawyer Archives:

+   Is your median income the only factor in deciding if chapter seven is allowed?
+   Can the IRS come after back taxes of a discharged debt years later?
+   Do I list original debtors, collection agencies or both on my bankruptcy filing?
+   Is bankruptcy an alternative to home buying investments gone bad?
+   How is income determined when deciding if you are eligible for bankruptcy?
+   Can filing bankruptcy wipe away student loan debts?
+   Two houses and backed up credit card payments; Is bankruptcy best?
+   What counts as legitimate living expenses when filing bankruptcy?
+   Questions about using a bankruptcy lawyer vs. filing Pro Se
+   Is a back child support payment considered income when filing bankruptcy?
+   Will claiming bankruptcy affect the co-signer on my car?
+   Does one spouse filing bankruptcy affect the couple's joint tax return?
+   I can't pay an accident judgement, can bankruptcy get rid of it?
+   How are joint marital assets affected by a wife's bankruptcy filing?
+   Do I have to claim my 401K withdrawl as income?
+   Can I sign over a car to my daughter prior to filing?
+   Chapter 13 in danger of being dropped but would like to save the house
+   Debt collector calls may force us into bankruptcy
+   Husband claiming bankruptcy, but the wife has good credit
+   Need tips to find a credit counseling agency