If one of the passengers tries to sue me personally will my bankruptcy home, lease car, federal retirement, and vehicle that is paid in full be an option or are any if these exempt.
Even if you have filed for bankruptcy, certain assets are still exempt
from judgment. This is automatically "homesteaded" in Maryland, and they are:
The following assets of a debtor are exempt from creditors in Maryland:
-$6,000 total in unrestricted exemptions
but subject to certain liens. (Md. Code Ann. [Cts. & Jud. Proc.], § 11-504 and 507)
-$5,000 total for clothing, books, tools, instruments and appliances necessary for any trade or profession (Md. Code Ann. [Cts. & Jud. Proc.], § 11-504(b)(1))
-Money payable for sickness, accident, injury, or death of any person
-All health aids
-$1,000 in goods held for family or household use
Most pensions and retirement benefits including the Individual Retirement Accounts (Md. Code Ann. [Cts. & Jud. Proc.], § 11-504(h))
-$5,000 in any real or personal property, in addition to any other exemptions (Md. Code Ann. [Cts. & Jud. Proc.], § 11-504(f))
proceeds and annuity contracts
unless dividends received in cash. (Md. Code Ann. [Ins.] § 16-111)
-A partner’s interest in partnership property per the Uniform Partnership Act (Md. Code Ann. [Corp. & Ass’ns.], § 9-502)
-Tenancy by the Entirety Property unless both tenants are liable on debt. Sumy v. Schlossberg, 777 F.2d 921 (4th Cir. 1985)
-Pensions of State Employees
(Md. Code Ann. [Pers. & Pens.] § 21-502)
As such, these things are protected and cannot be taken away, regardless of liability.
As for bankruptcy, if you received your first discharge under a Chapter 7, you cannot receive a second discharge in any Chapter 7 case that is filed within eight years from the date that the first case was filed.
If you received your first discharge under Chapter 13, you cannot receive a second discharge in any Chapter 13 case that is filed within two years from the date that the first case was filed.
I hope this helps and clarifies. Good luck.
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