Legal Question in Bankruptcy in California

ex-spouse and his bankruptcy

Hello,

Please take one moment to review a question.

My husband and I are separated, pending a divorce. He has now filed bankruptcy, chapter 7. I am nervous that my credit will be effected. Also, he has listed child support in schedule E, but not spousal. Should I be concerned?

Also, in reviewing the paper work, I noticed that he put his boat, and three cars and a house that he a land lord of as except. How come he can do that?

Thank you for your prompt reply.


Asked on 12/02/98, 9:01 pm

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

Re: ex-spouse and his bankruptcy

Well, first of all, Schedule "E" is not the proper place to schedule child support. Is this past due child support, or the ongoing obligation? In any event, neither child nor spousal support is dischargeable. As for his house, boat and cars, I'm not sure what you mean by "except". If you mean "exempt", he can do it depending on the values of the items and which exemption scheme he uses. He is probably utilizing the floating exemption set forth in California Code of Civil Procedure 703.140(b)(5).

Mark Markus

Law Office of Mark J. Markus

11684 Ventura Blvd., Ste. 403


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Answered on 1/17/99, 5:07 pm


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