Legal Question in Bankruptcy in California

New Spouse Previously Filed BK

Great question. It's kind of complicated, but the basic answer, I believe, is that you would not be protected since you already received a discharge in a case commenced within the last 6 years. Otherwise, your community property assets would be protected by just your husband's filing. In this scenario, if your husband filed and got his discharge, any of the debts which you share with him (or are yours alone) would survive and your creditors could execute against property you both acquire after the bankruptcy is filed. Now, please take this as the free advice that it is. I am not 100% sure of this. If you would like, I could research the issue further. Should you like to explore this option, I invite you to visit my webpage (address below) and give me a call.

Good luck.

Mark

you may or may not be stuck

A lot depends on when the debts were incurred. Any debts that you do not share with your spouse, which probably include all debts incurred before the marriage would be discharged and they could not come after you. If they are joint debts that were incurred after the marriage then they probably can and may come after you but in my experience they often neglect to do so. You really need someone to look over the debts before rushing out to file.