Legal Question in Family Law in California

CA DIv Ex Filing BK on Joint Debt

My ex and I were divorced in CA. but now I live in NV. The MSA stated we were both to pay for half of the joint debt but now my ex is filing BK on everything. My MSA says he has to notify me of the BK and I have the right to file with him but he says no, I will have to file on my own. If I don't file I will be left holding the bag on all our joint debt but do I need to file on my own?


Asked on 2/04/09, 5:11 am

1 Answer from Attorneys
James Smith James E. Smith Ltd.

Re: CA DIv Ex Filing BK on Joint Debt

Yes. The divorce cannot modify the rights of third party creditors to go after you. Since bankruptcy is federal law which preempts state divorce law you will be left with debts.

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Answered on 2/04/09, 7:22 am


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