Legal Question in Family Law in California

Re: Family Law Case involving banruptcy

Bankruptcy does not affect spousal support. As a general rule, a Chapter 7 bankruptcy discharge does not affect a division of debts in a dissolution of marriage judgment. So, one could get a discharge in a Chapter 7 bankruptcy, then file for divorce. The State court judge could then award the debts right back to the spouse who just got them discharged in bankruptcy. However, the creditors could not go after the spouse that filed bankruptcy; only the ex-spouse can. However, a division of debts in a divorce judgment is discharged by a Chapter 13 bankruptcy discharge. So, if a Chapter 13 bankruptcy is filed and the spouse is named as a creditor, then that spouse could not seek reimbursement through the state court divorce judgment, she would have to seek recourse through the bankruptcy court.

Re: Family Law Case involving banruptcy

Do you own homes together? Are you filing 13 or 7? If the house is under 13 plan and you get divorced...you need to get the leave of the BK court to sell the property.