Legal Question in Family Law in California

Debt Not Disclosed at time Dissolution Judgment

What remedy is available when a spouse fails to disclose a debt? After date of separation, a credit card company sues and serves wife only, not husband. Wife then files bankruptcy, including the credit card in her petition. The bankruptcy court ''discharged'' the debt even though the civil court had already entered default judgment. An Abstract of Judgment recorded on the family property which was awarded to husband by court. An interspousal transfer deed was recorded. Husband first discovers the credit card lien several years post-judgment in the middle of a real property sale. Husband, to save the sale, has to pay the judgment. Wife never disclosed the lawsuit in the disso case as required. Can husband recover?


Asked on 10/31/02, 2:32 am

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Debt Not Disclosed at time Dissolution Judgment

That is a tough one and would require a lot more information to give you a good answer. It may cost more in attorney's fees than the amount of the debt. Generally, it sounds like you would have to file a motion to re-open the bankruptcy and get relief from stay to ask the family court to rule on the issue, in which case, if it was a community debt, you get one half back. It may be worth taking the paperwork to an attorney who knows both Family Law and Bankruptcy to get a more accurate answer. There may be other remedies, but again your talking paying a good sum of money to an attorney. Good Luck, Pat McCrary

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Answered on 10/31/02, 11:19 am


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