Expert: Mark J. Markus- California Bankruptcy Attorney - 10/29/2008

Question
I'm asking this for a friend. The state is Florida. He and his ex-wife have been divorced for 8 months. He saw a financial advisor today and was told he could file bankruptcy but advised not to include the home. The ex-wife quit claim the home in the divorce settlement. Also, she is the primary parent. The advisor told him that if he included the home in this, then the ex-wife can take legal action and sue him. What would that mean? She could sue him for what? More child support, spousal support? and if she did, whatever those options would be, could she serve a judgement on him and garnish his wages? Thank you, Gina

Answer
I don't know what you mean by "include the home".  All assets and all debts must be listed in any bankruptcy case. It's not an option.  I'm not sure what would happen with the home as that depends on its value, what chapter is being filed, and what exemptions are available under state law.  I suggest that she consult with a bankruptcy attorney in Florida because this is all dependent on Florida law.