Legal Question in Bankruptcy in California

Chapterseven

I filed chapter 7 1997 all debts were discharged by Bankruptcy court. Can my exspouse ( divorced may 1979) sue me in family law court for a debt incurred while we were married. But it was discharged in 1997 with the chapter 7. She is asking the family law court to reinstate spousal support.Does family law court have the power to reinstate the debt over the Bankruptcy court.


Asked on 2/23/01, 6:02 pm

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Chapterseven

I do not believe that the family law court can make you liable to your ex-spouse for that debt, as long as your obligation on that debt wasn't earmarked as support by the family law court previously. Assuming your ex had notice of your bankruptcy filing, then she had a specific period of time to object to the discharge of her debt in the bankruptcy, and if she failed to timely file a complaint, then she's out of luck. This assumes, of course, that you scheduled her as a potential creditor in the bankruptcy and, more importantly, whether she received notice.

However, the family law court can always reinstate spousal and child support, but it cannot make you liable for the non-support debts you owed to her prior to filing your bankruptcy.

Read more
Answered on 4/20/01, 2:35 am


Related Questions & Answers

More Bankruptcy Law questions and answers in California