Gulf Breeze, FL Bankruptcy Law Firms & Lawyers

As a general rule, if all of the allowed claims in your case are paid in full, then you should not have to make any further payments to the trustee and you should receive your discharge. You should contact the trustee's office or your attorney for details.

Dear Ms. Krapf: You are correct that there is an eight year waiting period for one to file another Chapter 7 bankruptcy.  The time runs from the date you filed for bankruptcy not the discharge date.     That you filed together with your ex- husgand and now wish to file separately should not affect the time period, but the best thing you can do is talk to an attorney who specialized in bankruptcy in case there are any exceptions to the rule. Depending on the terms of your settlement agreement or trial (if you did not settle the divorce case) there may be issues as to whether any of the debts you seek to discharge will be  actually dischargeable in the bankruptcy if your ex is still liable on them as well.  However, absent review of the settlement/final judgment, there is no way to know for sure.  You should just be aware of that and discuss it with a bankruptcy attorney and/or a family law attorney.    Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade:  954-316-3496 Boca Raton/Palm Beach: 561-962-2785

If the truck was purchased during the marriage, and therefore the loan was incurred during the marriage, then the deficiency will likely be a marital debt that is subject to equitable distribution by the court between you. It should be listed on your financial affidavit as a liability in the marital debt column, or with the marital box checked. As a practical matter, if you are both on the loan and you surrendered the vehicle, and there is a deficiency, your credit most likely already shows a repossession or voluntary repossession, and the deficiency, on both of your credit reports. You could ask the court to utilize other marital assets, or cash, or the proceeds from sale of another marital asset to satisfy the deficiency.