Legal Question in Bankruptcy in California

Filing from CA prison

Can my husband file chapter 7 bankrptcy while in prison/ He has 175k in debts. we own a hose together with my brother-could they take the house to help pay the debts? Could they come after me? I only have SSD income.

Asked on 1/26/08, 8:17 pm

1 Answer from Attorneys

Allen Farshi Law Offices of Allen Farshi

Re: Filing from CA prison

Yes they can come after you. California is a community property state, the good news however is if the house was always in your and your brother's names creditors can only go after your share. If you can prove you lived there long enough you'r equity is exempt as your homestead in bankruptcy law. I suggest you immediately file homestead if you have not already.

Good luck

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Answered on 1/27/08, 5:24 pm

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