Legal Question in Bankruptcy in California

I am in the middle of divorce in California Court. House is in foreclosure process, no assets, but 125k debt in credit cards. After divorce will be finish, I will fill bankruptcy in Arizona, but how this affect to my ex (he is in California), the creditors can go for him?


Asked on 9/05/10, 3:35 pm

2 Answer from Attorneys

Steven Hertz Hertz Steven H.

You are required in California to give notice to your spouse when you file bankruptcy because a joint petition might be in their best interest and yours. The spouse is not discharged by your petition, so any debts which the spouse is obligated on are still collectible against that spouse. But beware because debts to a former spouse that are subject to a property division are typically not dischargeable in bankruptcy, so even if you discharge everything, but if the judgment obligates you to take your share, and the spouse gets hit with it, you may have to indemnify that spouse by paying the losses directly to the spouse.

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Answered on 9/10/10, 6:18 pm


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