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For what claims does the nonfiling spouse remain liable?
Listmates,
Community claims are discharged in the bankruptcy of one spouse giving the
nonfiling spouse protection. This question is about the scope of that
protection.
A community claim is a prepetition debt which is owed by debtor or
debtor's spouse and *for which the community property is liable*.
California Family Code Section 910 provides: "Except as otherwise
expressly provided by statute, *the community estate is liable for a debt
incurred by either spouse before or during marriage*, regardless of which
spouse has the management and control of the property and regardless of
whether one or both spouses are parties to the debt or to a judgment for
the debt."
One statutory exception comes from California Family Code Section 911: (a)
The earnings of a married person during marriage are not liable for a debt
incurred by the person's spouse before marriage. The earnings of a
married person during marriage is included in, but is a narrower concept
than community property. Does the *nonfiling spouse remains liable for
debts she incurred before marriage even after the filing spouse obtains his
discharge*?
In addition,
[22:133] *Property subject to claims: *Thus, community claims can still be
enforced against the nonfiling spouse's *separate property *or *prebankruptcy
*community assets that for any reason were not included in the debtor's
bankruptcy estate. [*Sanwa Bank Calif. v. Chang*, supra, 87 CA4th at 1319,
105 CR2d at 333creditor with community claim could reach prebankruptcy
community property fraudulently transferred to nonfiling spouse that was
never made part of bankruptcy estate]. Cal. Prac. Guide Bankruptcy Ch.
22-B (2011)
Are there any other exceptions?
Alik Segal
Alik.Segal@gmail.com
310-362-6157
California Central District
Listmates,
Community
claims are discharged in the bankruptcy of one spouse giving the nonfiling spouse
protection. This question is about the
scope of that protection.
A claim is a prepetition debt which is owed by debtor or debtor's spouse and for
which the community property is liable.
California
Family Code Section 910 provides: "Except
as otherwise expressly provided by statute, the community estate is liable for
a debt incurred by either spouse before or during marriage, regardless of which
spouse has the management and control of the property and regardless of whether
one or both spouses are parties to the debt or to a judgment for the debt."
One statutory
exception comes from California Family Code Section 911: (a) The earnings of a
married person during marriage are not liable for a debt incurred by the
person's spouse before marriage. The earnings
of a married person during marriage is included in, but is a narrower concept
than community property. Does the nonfiling spouse remains liable
for debts she incurred before marriage even after the filing spouse obtains his
discharge?
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In addition,
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