Bonifay, 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."  

Credit unions loan documents typically contain "cross-collateralization" clauses, which essentially provide that the collateral for one loan serves as collateral for every other loan that you have with the credit union. If this is enforced by the credit union (and there is no reason to suspect that they won't), the vehicle that you are "current" on could be repo'd if both car loans are not paid.

I regret that your question lacks a sufficient amount of details to be able to properly advise you. Why was your 2008 bankruptcy dismissed? What kind of bankruptcy did you file in 2008? When you say you are struggling again, what do you mean? Who told you you can't file another bankruptcy until 2016? Details matter and I suspect that what you meant to say is that you filed a Chapter 7 bankruptcy in 2008 and received a discharge. A discharge means your bankruptcy was successfully completed, while a dismissal means that your bankruptcy was not successful - Big Difference. You may wish to consider pre-bankruptcy credit counseling to look at the reason you are having financial problems now. Bankruptcy cannot help you if the reason for your struggle is that you are living beyond your means or lack steady employment or other income.