Legal Question in Bankruptcy in California

My wife was discharged in a chapter 7 adversary proceeding, but I was not. Is her income and our community property protected as a result? As for community property, what qualifies? For example, is a car registered to me alone considered community property if we bought it after we got married? Is her income protected? Is my income protected?

Asked on 10/31/13, 1:24 am

1 Answer from Attorneys

Scott Jordan Dunning Law Firm

The first question I have is to understand what happened in the bankruptcy case. Is the AP final? Were you found to have committed a fraud or defalcation? Were you represented by an attorney? Why are you not asking this from your attorney directly?

California law presumes that all property acquired post marriage is community property. This includes your home, cars, bank accounts, etc.

Her income cannot be garnished, but yours could be. However, once she deposits the money into a joint account, it would be subject to a taking by the creditor.

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Answered on 10/31/13, 9:34 am

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