Legal Question in Bankruptcy in California

Bankruptcy

My husband lost a civic lawsuit for a huge amount, the creditor already taken our cars and house, but still not enough, the purpose of write-off the lawsuit, my husband filed bankruptcy in couple month ago, but the creditor filed a suit against his bankruptcy. We do not know what he should to do, and we do not have any assets and money, also my husband do not have a job. I am very worry, I want know how can we get out from the lawsuit? What is the worst result? he is over 50 years old and we have a 10 years old boy, I am still work.

Is it possible my husband will go to jail for the penalty?

Is my husband can apply unemployment benefits because he is a debtor ? What I should to do?

Please advice.

Thank you very much for your help.


Asked on 9/25/08, 12:04 pm

1 Answer from Attorneys
Judith Deming Deming & Associates

Re: Bankruptcy

If the judgment against your husband is for something which involved moral turptitude (dishonesty) or for some conduct which is non-dischargeable in bankruptcy, filing bankruptcy will not keep the creditor from continuing to try to collect on the judgment. The fact that your husband is 50 and your son is 10 and you still work, has no relevance to the issue.

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Answered on 9/25/08, 1:52 pm


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