Legal Question in Bankruptcy in California

Re: Is bankruptcy what I should do?

Each case would depend on the particular circumstances. As to your particular questions:

Q: Will my husbands assets be considered?

A: California is a community property state and all community assets assets will be considered.

Q: What if my husband wants to buy something (house) will he have to claim me on credit?

A: That depends on the particular lender. Some lenders will allow one spouse to acquire the property as long as he/she can qualify for the loan based on that spouse's sole income.

Q: What if I get a great job after filing will I owe anyone?

A: If you receive your discharge (and no one in the future is able to revoke the discharge), as to all your dischargeable debts, those creditors cannot go after your future earnings.

Q: My ex-husband and I have a credit card,joint, that will not let me remove his name. Will he know that I filed?

A: If you owe any money to your ex-husband (for example by owing him half of the amount on the card), you must list your husband in your bankruptcy schedules. Your liability on the card may be discharged by your bankruptcy but your ex-husband will probably remain liable for the entire balance. If you owe him nothing else, you should list him for precautionary purposes to the extent he may have a claim against you for reimbursement.

Q: Can I file for Fed. taxes?

A: Certain taxes (nonpriority taxes) are dischargeable. Generally, they include taxes for a return which was due to be filed more than 3 years ago, for a return which was actually filed more than 2 years ago, for taxes which were not assessed in the last 240 days before the bankruptcy is filed, for taxes which are not secured by any tax liens, and not for any taxes assessed due to fraud.

Q: Do I have to file all my debts are can I keep my bank debt to stay in good standing with them?

A: You are required to list all of your creditors. Some creditors will allow you to keep the card.

Good luck. Should you need assistance in preparing or filing your bankruptcy papers, you can call my office at (818) 992-6588.