Legal Question in Family Law in California
California. I loaned money to a woman friend who paid her daughter's private school tuition. The woman was legally separated at the time and the husband told me that he did not agree to the private school choice. She has filed bankruptcy; can I sue him for the money? It was for his daughter's benefit (she could not return unless the bill was paid at that time)?? I was not involved in the details of their separation -- I
was just trying to help their daughter return to school (family friend). Is there a statute that would require that he pay (me) back? The girl still attends the school, he has been paying her tuition since that second semester.
2 Answers from Attorneys
If they filed Chapter 7 bankruptcy jointly and have no assets, then your unsecured debt will be discharged. However, if only she filed, then it seems to me that you could still sue him since the debt was for their daughter's benefit, which really is for their benefits as parents, and that would be considered a community debt (jointly liable by husband and wife).
Larry L. Doan
Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on LawGuru which has been screened. If follow-up advice on your specific situation is desired, we offer a paid consultation in person if you are in the Los Angeles area, or by phone or email. Please visit our website www.GuruImmigration.com for more details.
I'm sorry, but upon reconsideration, it appears my answer above is not correct. If the debt is considered community debt, then you cannot go after their community property acquired after the start of her bankruptcy case. His separate property, if he has any that you can discover, is probably OK to go after. But, as a practical matter, all the couple's property may only be community property from now on, which would mean you cannot sue them.
Larry L. Doan
Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on LawGuru which has been screened. If follow-up advice on your specific situation is desired, we offer a paid consultation in person if you are in the Los Angeles area, or by phone or email.
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