Legal Question in Bankruptcy in California

sepreration of property agreement

My wife and I executed a prperty seperation agreement through our attorney. Due to a legal money judgement against me only I want to file chapter 7. Will my wife's seperate propert be affected durind the BK proceedings, ie. can her seperate prperty be attached by the trustee or the BK court. Thank you


Asked on 5/02/07, 10:37 am

2 Answers from Attorneys

Charles Shamash Caceres & Shamash, LLP

Re: sepreration of property agreement

Need a little more data, and you are welcome to call or email. Depends on type of property, equity amount and how the debt is being serviced. Also when and how agreement transacted. Property could be protected other ways too.

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Answered on 5/02/07, 10:46 am
Judith Deming Deming & Associates

Re: sepreration of property agreement

If I understand you correctly, you and your wife are not divorced, but you entered into a "separation agreement" whereby you transferred property to her as her "separate property", and now you wnat to file a chapter 7 to get rid of a judgment against you alone, correct? The transfers to your wife or "estranged spouse" will likely be considered transfers to defraud a creditor and you can be sued in state court as well as in bankruptcy court for attempts to defraud a judgment creditor, and the transfers can be "undone"--pay the judgment. Your wife can be sued as as a conspirator for participating in the efforts to avoid a valid judgment.

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Answered on 5/02/07, 1:56 pm


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