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Maverick
Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 6062
Experience:  20 years of professional experience
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I went through a divorce in the past year and was thinking

Customer Question

Hello I went through a divorce in the past year and was thinking of filling bankruptcy and wanted to know the best way to file chapter 7 or 13.? Live in Ohio but moving to Florida soon is it better to do it in Ohio or Florida. Lots of credit card debt.8 of them totaling (90K) no mortgage/ rent house . do have a motorcycle (paid off worth like 12K and a car with loan worth 25k owe 18k. Mainly unsecured loans except car that I would like to keep. Also like to keep the paid off motorcycle. Any advice?
Submitted: 10 months ago.
Category: Bankruptcy Law
Customer: replied 10 months ago.
I did not see a spot for bankruptcy attorney hopefully this is the correct category. Also currently I am unemployed if that matters.
Expert:  Maverick replied 10 months ago.
Welcome to Just Answer (“JA”)! My name is Maverick. Please note that: (A) The information we provide is general information. No attorney-client relationship or privilege is formed by communicating with me. If you want legal advice, you must consult with a local attorney in person before acting or deciding not to act based on any information given here; (B) Experts answer questions based on the honor system. When I feel that I have provided you with a complete answer, I will ask for you to assign a feedback rating so that JA will compensate me for my time; and (C) You should not be concerned about any short delays between your questions and my replies. Please know that I answer most questions within the hour if I am signed on. If I am not signed on, then I still make every attempt to respond within 24 hours. Thank you for taking the time to understand how this site works. By continuing, you confirm that you understand and agree to these terms. Answer will follow in the pane below as per above parameters….
Customer: replied 10 months ago.
I never seen any answer just the disclaimers A,B &C
Expert:  Maverick replied 10 months ago.
1. best way to file chapter 7 or 13? You have to take the bankruptcy means test to see if you can qualify to file a chapter 7 which would be the best option here so that you are not put on a 3-5 year repayment plan. See this link. 2. Live in Ohio but moving to Florida soon is it better to do it in Ohio or Florida. Ohio only lets you keep a motor vehicle of equity value in the max amount of $1,000.00 See 239.66(A) ( c), (d); Ohio only has a $400.00 wild card exemption - See 2329.66(A) (17) More to come....
Expert:  Maverick replied 10 months ago.
A debtor may claim up to $4,000 of personal property as exempt if the debtor does not use the homestead exemption. (Fl. Stat. 222.25.) plus you can exempt up to $1,000 in motor vehicle equity. So Florida may allow you to keep the car if you can show it is only worth 5k after the debt is paid off instead of 7k [25k-18k]. 3. Also like to keep the paid off motorcycle. Any advice? Given that the motorcycle does not qualify for either exemptions under OH or FL, you are likely to lose it. If you want to keep both the car and the motorcycle you may want to establish residency in Texas and then file as it has liberal bankruptcy exemptions.