Legal Question in Bankruptcy in California

Debt versus assets

My husband and I are approximately $35,000. in credit card debt and every cent we earn goes towards making minimum payments, never bringing the principle down. My question concerns whether he should file only or we should file together, as most of the debt is in his name and most of our assets are in mine. We do not own a home or any real property; however, we each own a car, and my daughter's car is also in my name as she is a minor. We have 2 IRAs worth about $2000. each, and he has about 30,000. in his 401K. I am the custodian for each of my 4 children's trust funds, worth about $1000. each. My father left me several mutual funds and limited partnerships, all of which I liquidated but one (worth around $10,000) to pay down our debt, which I'm sorry to say hasn't made a big impact on our situation. We have nothing in checking or savings. My mother made me co-owner of her bank accounts and mutual funds (approximately $20,000.). Could her assets be liquidated to pay my debt because I'm a joint owner? My debt amounts to about $10,000, which includes the balance owed on my car and a credit card that my mother owns--so they would have to be paid off anyway, correct? The debt in my name that could be discharged through bankruptcy amounts to about $5000. Sorry this is so long-winded!! Thanks for your help.


Asked on 11/19/97, 1:42 am

1 Answer from Attorneys

Mark Markus Law Office of Mark J. Markus

Debt versus Assets

Well, I will try to answer your questions. If your husband files separately, then you will not be discharged from any debts you have on your own or in common with him. Any assets that you have acquired, or which have appreciated in value during the marriage your husband has a community property interest in. To what extent I would have to discuss with you in more detail. Therefore, the bank accounts on which your relative has you as a joint account holder could be subject to being taken by a zealous Trustee. I think you definitely need a more comprehensive consultation, so if you live in the greater Los Angeles area, please give me a call and we can go over your situation in more detail.

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Answered on 11/19/97, 12:27 pm


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