Hello and thank you for using Just Answer. My name isXXXXX am a bankruptcy law professional, and I look forward to answering your question this evening.
(1) Florida is not a community property state, so no, when one spouse files for chapter 7 bankruptcy protection and the other does not, any property held solely by the non-filing spouse is not listed as an asset, it is not part of the bankruptcy estate.
(2) Credit card debts in a chapter 7 are almost never required to be re-paid. Clearing such unsecured debt is one of the main reasons people file for chapter 7 bankruptcy in the first place. While the bankruptcy trustee can try to seize any non-exempt property to pay off unsecured credit card debt that is held by the bankruptcy debtor (your wife), credit card debt is not repaid by the debtor directly. Only secured debts, such as a home mortgage or a loan securing a car is ever reaffirmed.
Now, it is important to be aware that, if a credit card debt is discharged in bankruptcy, the credit card company may close the account and not allow the debtor to use it anymore. The non-filing spouse's credit generally is not effected, however.
Yes, a car loan can be re-affirmed, so long as the lender agrees (which generally requires being up to date on the debt) and the court approves it (or your attorney does, if you work with an attorney).
There also cannot be to much equity in the vehicle, or the trustee could try to seize it to sell and pay some of the debts.
No, in a separate property state, where sole assets truly are sole assets, only assets that the debtor (your wife) has legal title to or an interest in would be subject to the bankruptcy estate. Anything solely in the non-filing spouse's (you) name is XXXXX XXXXX from bankruptcy.
That is correct, generally any assets that are solely held by the non-filing spouse are safe in bankruptcy (this means that the filing spouse has absolutely no legal interest in it). The only exception to this rule would be if the asset was transferred from your wife to you recently in attempt to avoid loss in bankruptcy. That could be considered fraud, and allow the trustee to invalidate the transfer.
Otherwise, yes, assets that the debtor does not have any legal interest in are not subject to the bankruptcy estate in a chapter 7 bankruptcy.
You are very welcome, I am glad that I could provide useful information. If you do not have any further questions, please remember to RATE my answer so that I can receive credit for my work, and I wish both you and your wife the best of luck in the future.
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