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FW: [NACBA-BK] Divorce before bk
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It depends on whether Wife also signed the loan docs and whether you can
establish that wife's separate property is really her separate property.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Matthew Gary Evans
Sent: Saturday, January 16, 2010 3:55 AM
To: bk@nacba.org; cdcbaa@yahoogroups.com
Subject: [cdcbaa] FW: [NACBA-BK] Divorce before bk
Follow-up/clarification question:
I know (or at least I think I know) that the community estate remains liable
for the pre-divorce debts. Im asking specifically about the wifes
personal liability for any deficiency that the community was unable to cover
in terms of paying the debts.
Central Dist CA.
Thanks.
____________________________________
Law Office of Matthew Gary Evans
Matthew Gary Evans, Esq.
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Fax: (626) 768-7565
Cell: (213) 842-6645
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www.matthewgaryevanslaw.com
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Member: California State Bar, American Bar Association, Consumer Attorneys
Association of Los Angeles, Central District Consumer Bankruptcy Attorneys
Association, National Association of Consumer Bankruptcy Attorneys, Pasadena
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No, unless as a matter of support, the divorce court orders your pc to pay the debts. And then, your client would not owe the debts to the creditors (discharged), but could be sued under 523 by nonfiling spouse for nondischargeability to nonfiling spouse.
dennis
rote:
The post was migrated from Yahoo.
Follow-up/clarification question:
I know (or at least I think I know) that the community estate remains liable
for the pre-divorce debts. I'm asking specifically about the wife's
personal liability for any deficiency that the community was unable to cover
in terms of paying the debts.
Central Dist CA.
Thanks.
____________________________________
Law Office of Matthew Gary Evans
Matthew Gary Evans, Esq.
16 North Marengo Avenue, Room 219
Pasadena, California 91101
Tel.: (626) 405-9448
Fax: (626) 768-7565
Cell: (213) 842-6645
Email:
matthew@matthewgaryevanslaw.com
www.matthewgaryevanslaw.com
www.matthewgaryevanslaw.net/Bankruptcy
please visit my blog at
matthewevanslaw.wordpress.com
Member: California State Bar, American Bar Association, Consumer Attorneys
Association of Los Angeles, Central District Consumer Bankruptcy Attorneys
Association, National Association of Consumer Bankruptcy Attorneys, Pasadena
Chamber of Commerce
NOTICE: This message is intended only for the individual named. If you are
not the named addressee please do not disseminate, print, or copy this
e-mail. Please notify the sender immediately by reply e-mail if you have
received this e-mail by mistake and delete this e-mail from your system.
Thank you.
The post was migrated from Yahoo.