' Surprising Bankruptcy FAQ - Law Offices of Robert M. Geller, P.A.

Surprising Bankruptcy FAQ

bankruptcy FAQAre you curious about any of these surprising bankruptcy FAQs?

Bankruptcy is a legal process that helps individuals who are unable to pay off their debts. It provides a fresh start for those who are in financial distress. However, filing for bankruptcy can be a complex and overwhelming process.

As you move forward with filing for bankruptcy or you consider if it’s right for you, you might have some uncommon questions. Here are a few that bankruptcy attorneys often hear.

Can I File for Bankruptcy Without My Spouse?

Yes, you can file for bankruptcy as an individual, without your spouse’s involvement. If you’re married, you can file either jointly or individually. Joint filers typically include the combined debts of both spouses.

However, in some cases, individual bankruptcy may make more sense. For instance, if one spouse has significant assets, they may wish to file alone to keep them protected from creditors.

Can I Keep My Car If I File for Bankruptcy?

Yes, you may be able to keep your car if you file for bankruptcy. The answer will depend on the value of your vehicle, the state’s bankruptcy exemption laws, and the bankruptcy chapter you file under. If your car’s equity is exempt, you can keep it as a “non-exempt asset.”

You can also reaffirm your car loan, which means you agree to keep making payments on your car loan despite filing for bankruptcy.

Can I File for Bankruptcy to Discharge My Student Loans?

No, it’s almost impossible to discharge student loans through bankruptcy. To do so, you need to prove that repaying your student loan debt would cause you “undue hardship.” The court will judge your financial hardship and determine whether paying off your student loan is reasonable or not.

If you’re struggling to repay your student loans, you may want to consider other options, such as student loan consolidation or income-driven repayment plans.

What Happens to My Tax Refund If I File for Bankruptcy?

Your tax refund may be considered an asset in bankruptcy. In Chapter 7 bankruptcy, your tax refund will be included as a “non-exempt asset” if you filed for bankruptcy before receiving your refund.

In Chapter 13 bankruptcy, your tax refund may be used to pay off your debt as part of your repayment plan. However, you may be able to keep your tax refund if you can prove that you need it for necessary expenses such as rent, utilities, and other living expenses.

Can I File for Bankruptcy More Than Once?

Yes, you can file for bankruptcy more than once. However, there are time limits between successive bankruptcy filings and exceptions to consider.

If you received a debt discharge in your previous bankruptcy case, you must wait at least eight years before filing for Chapter 7 again. If you filed under Chapter 7, you need to wait four years before filing under Chapter 13. In some cases, filing for bankruptcy too soon may result in a dismissal or denial of your bankruptcy case.

Bankruptcy can be a challenging and complicated process, but it’s crucial to know the ins and outs of filing for bankruptcy before you dive into it. If you have other questions about bankruptcy or you’d like to learn more, contact the Law Offices of Robert M. Geller at 813-254-5696 to schedule a free consultation with an experienced attorney.


Video Testimonials

Tampa Bankruptcy Law Blog

Can You File Bankruptcy with Equity in Your Home?

For many individuals facing financial hardship, their home represents their most significant asset. However, when struggling with overwhelming debt, the...
Read More

Are Trusts Protected from Bankruptcy?

Trusts are powerful estate planning tools. They allow people to protect and distribute their assets according to their wishes. This...
Read More

The Truth About Bankruptcy and Buying a Car

The Truth About Bankruptcy and Buying a Car Bankruptcy often carries a stigma of financial ruin and a bleak future....
Read More

How Do Bankruptcy Lawyers Get Paid?

Bankruptcy can be a stressful and overwhelming experience, but having the right legal representation can make all the difference in...
Read More

Do You Lose Your Home When You File for Bankruptcy?

Filing for bankruptcy can be a daunting prospect, especially when it comes to concerns about losing one's home. Your home...
Read More

Can You File Bankruptcy During a Divorce?

Divorce and bankruptcy are personally difficult and also complex legal processes that can have significant implications for your financial future....
Read More

Can You File Bankruptcy on Restitution?

Facing financial struggles can be overwhelming, especially when debts include complex legal obligations like restitution. What is restitution and how...
Read More

Can You File Bankruptcy After a Judgment?

Receiving a judgment against you in a lawsuit can be a distressing experience. This is especially true if you're already...
Read More

Can Back Taxes Be Included in Bankruptcy?

Dealing with back taxes can cause a lot of stress and financial burden for anyone facing financial hardship. If you're...
Read More

Can an Estate File for Bankruptcy?

Many people wonder whether or not an estate, such as the one left behind after someone passes away, can file...
Read More


For The Next 5 Days GET A FREE BOOK About Bankruptcy

Learn More


We are A Debt Relief Agency.
We help people file for bankruptcy under the Bankruptcy Code

Pay Online Bankruptcy Courses Newsletter Subscription

Call For A Free Initial Consultation


Tampa Office

Law Offices of Robert M. Geller, P.A.
807 West Azeele Street
Tampa, FL 33606
T: (813) 254-5696
T: (800) 853-7549
F: (813) 253-3405

Map And Directions

St. Petersburg Office

Law Offices of Robert M. Geller, P.A.
125 5th Street South
(Wells Fargo Financial Center)
2nd Floor, Suite G
St. Petersburg, FL 33701
T: (727) 532-3939

Map And Directions

Pasco Office

23526 State Road 54
Lutz, FL 33559
T: (813) 336-2320

Map And Directions