Legal Question in Bankruptcy in California

Re: married filing individual bankruptcy

Since CA is a community property state, usually half of the spouse's assets belong to the other spouse. The court will take into account gross earnings by both of you, and your earnings before your medical emergency. It's not easy to say on a general information service such as this. You need a personal consultation with an attorney to review all of your finances to help you decide whether bankruptcy at this time is right for you.

Re: married filing individual bankruptcy

You have several issues all effecting you at the same time.

First, given your 25 year marriage (assuming housewife to same husband) all of the assets are most likely community property. Therefore it is ALL part of your bankruptcy estate subject to you creditors so it will affect his share.

Second, your "right" to file bankruptcy depends on the TOTAL INCOME into the household. If the household can afford to pay as little as $100 per month you may have to do a 5 year reorganization and if you have $167 or more you will have to spend the next 5 years paying everything into a plan.

Worse than that is the fact that if your "household income" exceeds the median income for the state you then go through a "means test" where your expenses are based on what the IRS thinks you should live on even though those amounts may have nothing to do with your real expenses.

You desperately need a consultation with a bankruptcy attorney, preferably a specialist, given the massive changes under the new bankruptcy laws. You may be able to find one in Sonoma County.

If you want to have a free, no pressure, attorney consultation with me I would be happy to discuss your situation with you. While my main office is in Sacramento, I regularly handle cases in the bankruptcy court in Santa Rosa where your case would be heard. Further, I regularly do these appointment by telephone. You would need to contact me or my staff to set that appointment and be prepared to provide significant information so I can provide you complete answers to how the new law will effect you.

I look forward to talking to you soon.