Legal Question in Bankruptcy in California

You can file separately from your husband. Ours is a community property state; a spouse's separate filing effects an injunction against collections from the non-filing spouse within the parameters of 11 USC 524(a)(3). Consult with an attorney and don't attempt anything that could be construed as a fraudulent transfer. A good attorney may well advise the collector that he's positive the latter won't get her money ever.

Disclaimer: the above as well as any information found on our Web site is not legal advice and should not be relied upon. It does not create an attorney-client relationship. Unilateral communications may be misconstrued as they do not address all facets, nuances, and particulars, or all means of addressing a situation. This is strictly my opinion provided for general informational purposes and it pertains to California law. We do not review and are not responsible for the content of other attorneys� answers even when they answer the same questions. We recommend you seek legal and other professional counsel before acting or refraining from action in relation to bankruptcy. It's worth the cost.