Legal Question in Bankruptcy in California

Does Ch. 7 bankruptcy involve a separated spouse?

I and my legal spouse (state CA) have had separate households since 1997. At that time we arranged for our various creditors to reissue accounts with only one signer each, and began incurring debts separately. Our separation is not yet on any documents, and financial issues between us are settled. We have/had no equity, real property , or assets worth mentioning. Assuming dischargeable unsecured debts incurred largely after separation of our domiciles, if one of us files for bankruptcy, can creditors garnish or obtain a judgement of any sort against the other? Situations obtain that contraindicate any delay of bankruptcy filing until divorce is final,and though a friend with the necessary skills will file an 'in pro per' petition for us if necessary, the filing fee is steep.

Thank you.


Asked on 6/01/99, 4:46 am

2 Answers from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Does Ch. 7 bankruptcy

The discharge of debt in the bankruptcy will stop creditors from taking any action against the community property of the non-filing spouse as long as you are married. Once divorced or legally separated (cutting off the community), then if the non-filing spouse has any liability, then the creditors can go after him/her.

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Answered on 6/02/99, 5:09 pm
Marcus G. Tiggs Slate and Leoni, A Professional Corp

Re: Does Ch. 7 bankruptcy

The Bankruptcy Code allows a non-filing spouse to vicariously receive the benefit of the filing spouse discharging Community debt. Most creditors have a problem with this concept, therefore, if sued the non-filing spuse would need to use the discharge as an affirmative defense, or bring an adversary proceeding within the bankruptcy case

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Answered on 6/02/99, 10:31 pm


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