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  1. #1
    Join Date
    Dec 2015
    Posts
    2

    Question Whether to File Bankruptcy or Try the Head of Household Exemption

    My question involves bankruptcy in the state of: Florida

    We got a repeat garnishment threat today on same employer of husband that they tried over a year ago. Their lawyer denied our HOH last time so our lawyer took care of it for 750.00. A year later they are trying again, maybe because our youngest has now turned 18. He graduates high school in June. Our 20 yr old also lives here but does pay a little rent, and is not going to school. Part time job for both of them.

    We had two investment properties we lost when the market tanked many years ago.

    Does it make sense to just file now or hold them off once again? I'm sure we'll have to plead our case to the judge alone since we have no lawyer to represent us. (lack of funds.) We would do a chapt. 7 and do qualify according to two other lawyer free consults. I doubt they will stop coming after us.

    Thanks

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Whether to File Bankruptcy or Try the Head of Household Exemption

    Claiming the exemption is certainly worth a shot. It's not just about children, it's about "dependents." You are also your husband's dependent.

    If you are going to do it without a lawyer, here's a couple of suggestions:

    1 - Read the statute carefully and thoroughly and follow the procedure to the letter:

    http://www.leg.state.fl.us/Statutes/.../0077.041.html

    2 - Go to the courthouse and get a complete copy of the lawsuit case file and take it home with you to study how the lawyer handled the paperwork last time.

    How much is the debt and what was the date of the judgment?

  3. #3
    Join Date
    Dec 2015
    Posts
    2

    Default Re: Whether to File Bankruptcy or Try the Head of Household Exemption

    Hi, thank you for the quick response,it was very helpful! the debt for that house is 130,000 and we have a 30,000 on the other house but that's a second mortgage one and they stopped calling for now. The date of the original judgment is 2011 but we lost the houses in 2006/07 I think-

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