Legal Question in Bankruptcy in California

disclosure

if my wife has property in another country that she purched 5

years ago does that have to be disclosed to the judge when we

file bankruptcy? some of the property has my name on it

because of the laws in that country the rest of the property is in

her maden name. we have been married for more than 10 years


Asked on 3/10/09, 8:07 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: disclosure

People who file bankruptcy, i.e. the debtors, are required to list everything they own and everyone to whom they owe money.

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Answered on 3/10/09, 10:35 pm
David Gibbs The Gibbs Law Firm, APC

Re: disclosure

You must disclose any and all property you own in a bankruptcy filing. You say "when we file bankruptcy," so I assume you are both filing jointly. In that case no question whatsoever that it must be disclosed or you are committing bankruptcy fraud. If your wife is not filing, it still must be disclosed as it was aquired while you were married which makes it community property. You need to consult with a bankruptcy attorney before filing anything. Feel free to give me a call or email me directly.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 3/11/09, 11:44 am


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