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Chapter 7 & Chapter 13

(727) 322-5881

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Chapter 7


Bankruptcy and Divorce

Divorce impacts bankruptcy in the division of marital property and the division of marital debt. In the state of Florida, any assets or property acquired over the course of a marriage must be equitably divided, including retirement funds, equity in a home, bank accounts, and other assets. In the case of debt, however, the terms of a divorce settlement do not affect the agreement you and your spouse have with creditors.

The Fallacy of Quick Claim Deeds.
Quick claim deeds transfer the title on real property (home or land) from one person to another BUT they do not transfer the financing so you will still be responsible for payment of the mortgage should your ex-spouse default on the mortgage. 

Are You a Co-Signer or Co-Obligor?
Even if you never used a credit card or drove your spouse's car, if your name is on the loan or account, you may be held responsible for the debt - even if your divorce settlement indicates your spouse will pay it off. For these reasons, it's essential to determine how assets and debts will be assigned since this will impact whether you need to file Chapter 7 or Chapter 13.

The Impact of Marital Debt on Bankruptcy.
If your spouse declares bankruptcy during or after your divorce, the creditors involved may decide to try and collect unpaid debt from you. If your spouse agreed to pay off jointly held credit cards or a car loan you signed your name to, a creditor will likely demand payment from you when it becomes clear they won't collect from your former spouse. Since your divorce settlement doesn't modify your legal contractual obligations to your creditors, you may have very little choice but to pay off the debt or declare bankruptcy yourself.

Bankruptcy & Support Obligations.
Filing for bankruptcy will probably not discharge child support or spousal support obligations but only the bankruptcy court can decide this.


  What is Chapter 7    


Chapter 7 Timeline    


What is the Means Test    
  Top 10 Mistakes    


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2808 Beach Blvd. So. #9


Gulfport, FL  33707


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Florida Bankruptcy Services