Legal Question in Bankruptcy in California

nondischargeable debt

My husband and a business partner lost a patent lawsuit some years ago and were left with a huge judgement. As only his and his business partner's names appear in the lawsuit and judgement, can my (his wife's) income or business interests also be garnished or attached? The amount of the judgement is so excessive and outside our income range that we know for certain that it will never in our lifetimes be paid off. We have not filed bankruptcy as we are not sure that this kind of judgement is dischargeable. Also, wouldn't filing bankrupcy bring my name and my interests into the fray? We've been hanging on to our house with a thread (refinancing in not possible with a lien on the house)and his wages have been garnished since 1994. I've also been told that the judgement would have to be "renewed" after seven years. Renewed by whom & how? To file or not to file BK, that is the question!


Asked on 8/13/00, 10:10 pm

2 Answers from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: nondischargeable debt

Well, you ask several different questions and the only way to give you an accurate answer would be to have a comprehensive consultation. I wouldn't give up on bankruptcy as an option. Anyway, to answer your first question, whether they can go after your assets or business interests depends on numerous factors, such as whether these items are your separate property under California law. If they are not, then what they may be able to do is go after your husband's community property interest in your assets. As far as whether the particular debt would be dischargeable, I'd need to know a lot more about the underlying judgment and cause of action that led to it. If you would like a consultation, please feel free to give me a call and I will be happy to assist.

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Answered on 9/18/00, 2:24 am
Shai Oved The Law Offices of Shai Oved

Re: nondischargeable debt

I agree with the prior response that you should speak with a bankruptcy professional. One other question to ask is when did liability for the judgment occur (before of after the marriage)?

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Answered on 9/18/00, 3:18 am


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