Legal Question in Bankruptcy in California

Re: Chap. 7 and resulting ex-spouses' liability

I do not understand your question. Did you file chapter 7? Did your ex file chapter 7? Did you both file?--before filing for divorce, after filing for divorce, or after divorce judgment? If you are both filing after a divorce judgment (which is the recommended way to go), you will have to file separate bankruptcy petitions. Both of you will discharge all the "dischargeable debts" (debts that are not secured or taxes)of the marriage. The court orders requiring one to pay the debts of the other may then be irrelevant. If only you file, it gets a little bit ambiguous--sometimes your debts of the marriage will be discharged, and sometimes they won't--depending on the wording of the divorce decree. If you like, fax me a copy of the divorce decree (if you have one) and I will advise you on how to proceed now.

Re: Chap. 7 and resulting ex-spouses' liability

Thanks for your posting. You didn't give much in the way of details, but in general, community property assets AND debts (which are owned 50/50 by each of you) are something that creditors can go after either spouse for if one declares BK. I think this is what you are asking.

Will a creditor go after you if your spouse declares BK? That's difficult to say, and depends on their policy, and the amount at stake. In general, creditors can only go after 1/2 of the amount from the other spouse if one spouse declares BK, and the only way to truly extinguish a community property debt is for both of you to declare bk separately if you're divorced.

The problem with the solution you're proposing is that once they get a judgment in your name, they can go after anything in your name, including checking/savings accounts, vehicles you own free and clear, and/or a wage garnishment.

I hope this helps -- but if you have any other questions, please feel free to email me directly. Best of luck.

Re: Chap. 7 and resulting ex-spouses' liability

You haven't provided much information. Are you co-debtor along with your ex-spouse? Did she file the divorce before or after your divorce ? If she filed the chapter 7 after your divorce...and you were not a co-debtor in any of the account...you have nothing to worry. If not....I need to see your divorce decree before I can advise. Feel free to contact me