Legal Question in Bankruptcy in California

Re: Filing Status Ch.7 So. California

The CA lawyers responding to this haven't said this, but I will. If you are not an experienced bankruptcy lawyer, you are not doing your friend a "favor" by doing her bankruptcy for her. While it may seem simple, bankruptcy law is highly complex, and you could be putting your friend in serious trouble. Either refer her to an experienced bankruptcy lawyer or, if you want to learn (it is a very interesting and rewarding practice, if not too lucrative), work with competent co-counsel. But don't expose her (and yourself) to the risks of inexperience. I am sure you are a competent lawyer (I assume you are a lawyer, since you are doing a legal matter for a client), but that does not make you competent at this. Would you want to go to a urologist for brain surgery?

Re: Filing Status Ch.7 So. California

She has to list any community property assets she has with her new husband which admittedly will be minimal, but would include any appreciation to his formerly separate assets due to her post marriage income. She will also need to be prepared to explain this to the Trustee at the creditors meeting. She will in any event need to list the husband's income, of course, on schedule I.

Re: Filing Status Ch.7 So. California

Liabilities of your friends new husband are not per se debts of your friend, thus they may not have to be listed. Assets of your friends husband that do not have a community property attribute may not have to be listed as well. A cautionary community listing is usually recommended of assets that are being paid for on time (i.e. house, car, etc.). However, due to the limited amount of time your friend has been married it may not be critical. This is of course fact dependent.

In the Central District of California the trustees will regularly inquire about the income of the husband, though your friend is filing alone. This can raise other issues...

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