Legal Question in Family Law in California

My sister divorced 6 years ago, her husband of 4 years in con man he has been married 4 times always getting these women to take a money out of there HOMES they owned before they met. In the divorce agreement he was to pay 107k loan on the house,a payment of 814.00 a month 6 years later he is filing chapter 7 bankruptcy can he walk away and dump this on my sister with no legal penalty?

Also he is remarried his new wife makes a great income and has a ton of equity in her home which he has since taken out 2 equity lines in the last 14 months for 80k what a shocker!

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Thanks for any help Brad Clancy


Asked on 1/12/10, 11:11 am

1 Answer from Attorneys
Steven Krongold Krongold Law Corp., P.C.

was the repayment obligation part of child or spousal support, or property settlement agreement? those are not dischargeable in bankruptcy. also debts arising from actual fraud are not discharged in bankruptcy. you will have a problem with the statute of limitations for breach of written contract which is 4 years from date of breach and for fraud which is 3 years from discovery. in addition, you will need to file a complaint in bankruptcy court and litigate whether the debt to your sister can be discharged in his chapter 7 case. if you get a favorable ruling, you can then take that judgment and execute on his assets which may include any bank accounts held in his name. let me know if you would like a consultation.

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Answered on 1/26/10, 3:15 pm


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