Immokalee, FL Bankruptcy Law Firms & Lawyers

The bankruptcy code does not require that married individuals file bankruptcy jointly. I am not licensed in FL, so I cannot address state-specific issues which may factor into this, but here in California, I file many cases each year where only one spouse of a married couple files bankruptcy. That being said, there is still a lot of issues which will involve your spouse. First, you must qualify to file bankruptcy. For Chapter 7 bankruptcy, you must pass a "means test," and that requires an examination of both you and your non-filing spouse's income. You generally cannot leave your spouses income out of the means test unless you are living separate and apart, and maintain entirely segregated finances. Further, if Florida is a community property state, you need to examine whether or not your creditors can pursue your non-filing spouse for your debts on the theory of community debts. You also have to look at issues of property. In California, we have to list assets belonging not only to the filing individual, but their non-filing spouse as well. I would suggest that you contact a local bankruptcy attorney. Most offer a free, initial consultation, and some of these questions can be answered in that first meeting. David L. GibbsThe Gibbs Law Firm, APCSan Clemente, Californiadavid.gibbs@gibbslaw.com *Due to the limitations of the Lawyers.com Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. §528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."  

More facts are needed to answer this question fully. Basically the bank has no reason to foreclose if you continue to make the payments and are current. The property is still in your name most likely. Check the public records to make sure. If that is the case you can sell the property, but the first and second mortgages would have to be satisfied out of the sale proceeds.

If you are going to file a chapter 7, which is what you seem to want to file, an attorney will need to take their fee up front because if the don't, the debt you owe will be discharged in your bankruptcy with your other debts. Whether you can or should file a chapter 7 is an analysis that needs to be done by an attorney. In a chapter 7, if you have unprotected equity in your house or car, you could lose either or both. So see a good and experienced attorney to make sure you file the correct bankruptcy and that the bankruptcy is done correctly.