Legal Question in Bankruptcy in California

I recently went through a divorce and am responsible for all the debt from the marriage. It is stated in the divorce that I plan to file bankruptcy and that my ex wife is responsible for any debt that is not discharged through the bankruptcy. My question is that i live in IL. and I am engaged to someone in Ca. I plan to relocate to Ca. where I will be unemployed. If I file the bankruptcy in Ca. and i get married can any of the creditors hold my new wife responsible for my prior debt. and will it affect her individual credit rating.


Asked on 12/02/09, 2:40 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

You cannot file the bankruptcy in CA yet, until you've lived here for a majority of 180 days before filing. Your new wife would not be held responsible for discharged (or dischargable) premarital debts. Her credit report should be unaffected.

If you were to commingle your funds and a creditor were to obtain a judgment before you were to file bankruptcy, the creditor could levy against a joint bank account or other joint asset, however.

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Answered on 12/07/09, 4:11 pm


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