Legal Question in Bankruptcy in California

Recently Married Filing as Individual Debtor

I'm helping friend w/bankruptcy Ch.7. She recently married. All debts are personal/business, accrued prior to current marriage. No property in present husband's name.

1. Must I list her husband's property on the application even if she shows it as in his name? There is no joint title on any property between the two of them, she just happened to get married before she filed for Ch.7.

2. What forms are state-specific to So.California Central District that would not be included in a general federal information book? And can I get them online without any special browser or software? (AOL)

Thank you!!!


Asked on 5/12/99, 10:43 pm

1 Answer from Attorneys
Marcus G. Tiggs Slate and Leoni, A Professional Corp

Re: Recently Married Filing as Individual Debtor

How title is held in not conclusive as to whether your friend should or should not disclose her husband's assets. Schedule A and B should list your friends separate and community property assets. Depending upon how recently your friend married, whether there was a pre-nuptial agreement, and other family law issues, as to the characterization of the property could require listing these potentially community assets.

The Central District of California, like most district do have district specific forms that must accompany the petition. Your friend might want to check out the Central District web site, http://www.cacb.uscourts.gov/ where these forms can be down loaded.

Our consultations are free, should your friend want to schedule an appointment.

Regards,

Marcus Tiggs

Slate and Leoni, PC

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Answered on 5/19/99, 11:46 pm


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