Long Key, FL Bankruptcy Law Firms & Lawyers

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

When your debts were discharged, assuming that you did not reaffirm the debt, your personal liability for the loan was eliminated. The note and deed of trust are still in effect. The original note and deed of trust control, including payments, due dates, etc. You can sell the property, short-sell the property (assuming the lender agrees) or refinance it (if you can get a loan).

The zero balance reflects discharge of the mortgage debt. However, secured debts can still be paid off post-bankruptcy, in order to maintain the collateral, notwithstanding the discharge. Reaffirmations may be compelled (e.g. with certain vehicle finance companies, like Ford-in case you did elect to Drive One) in a minority of cases.