Legal Question in Bankruptcy in California

It depends upon when the debt was incurred, but in most cases the answer would be yes. California is a community property state. If the debt was incurred while married, then it is presumed to be a community debt, and even though you may have discharged the debt in Chapter 7, your wife has not. Chapter 13 has a co-debtor stay which would protect your wife, but it does require monthly payments for 3 to 5 years. I would suggest that you need to meet with an experienced, qualified bankruptcy attorney.

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