In a Chapter 13 case, your unsecured creditors get paid 100% of their claims, or you show you contribute 100% of your monthly disposable income to the payment plan. In this case, the only unsecured claim you state you have is the deficiency on the home. Whether Chapter 13 is an attractive option for you will depend on the amount of the deficiency, and the likelihood of the lender pursuing the deficiency against you.
A judgment lien will survive a consumer bankruptcy unless the lien is avoided during the bankruptcy. The judgment lien can be avoided to the extent the lien impairs an available property exemption. If you own a home in Florida that you live in, you will likely be able to avoid the entire judgment lien.
You should send a written dispute to each credit bureau where the derogatory information is being reported. Then you should hire an attorney to reopen your bankruptcy case, and file an adversary proceeding against the creditor for violation of your discharge injunction.
Yes, you can file an individual case without having your wife join in the case. Keep in mind that most obligations arising out of a divorce are not discharged in a Chapter 7 bankruptcy. The overlap between divorce law and bankruptcy law can become quite complicated, and this is certainly a matter you should review with an attorney.
Unlikely, unless you can demonstrate to the Court your circumstances have charged to such extent that you can now reasonably expect to afford the vehicle. Otherwise court will not approve the reaffirmation agreement.
Not necessarily. The general rule set forth in section 727 of the bankruptcy code is that unscheduled creditors are not discharged. However, if the debtor (you) can prove that the failure to schedule the creditor was not intentional or fraudulent, and that the unscheduled creditor was not prejudiced by the lack of notice, then the debt is likely dischargeable. I would simply send the creditor a copy of the notice of commencement, discharge order and no distribution report, via certified mail...
Chapter 13 bankruptcy can be used to save the home, allowing you up to 5 years to payoff the amount of your arrearage on the debt. You can file the case to stave off the foreclosure auction if that is your desire. Whether hanging onto the home or letting it go is a decision that requires a great deal more information that you've provided, and would definitely be worth your time to sit down with someone to provide you all of the information you need to make an informed decision.
If you are speaking specifically about the Form B22C, disposable income calculation in a Chapter 13 case, your husband's income (if live in same household) will need to be included in the calculation even though he may not necessarily be filing with you. The bankruptcy court never has "access" to any bank account for any debtor in bankruptcy. In a Chapter 13 case, you will have to list on schedule B all personal property in which you have an ownership interest, so there you will list bank...