My question involves bankruptcy in the state of: Florida.
I have a judgement that was dismissed in 2002 but this new attorney paid to reopen it (judgements by statute are good to collect on in FL for 20 years). I'm in the process of waiting for my hearing since I filed a "Claim of Exemption" as head of household only receiving child support and unemployment. That is "my" source of income but my bank account is joint with my husband and we do receive his direct deposit in it and our 1008 tax return was in it.
I am seriously contemplating filing Chapt. 7 or 13 but wonder if I can include this judgement since it is in the middle of going to court for this claim of exemption. By the way, I filed the COE because they gave my bank a Writ of Garnishment and the bank is holding 2 x's the amount of the judgement in a side account until further notice.
Can filing bankruptcy mid-hearing into this judgement to stop the garnishment? I basically want to file bankruptcy and include this judgement and have my funds released back into the account since I will be filing for bankruptcy.
Can I do this? Any help is appreciated!