Dear Jim,
The community discharge is a creature of 524(a)(3) and is independent of chapter. Of course, if the husband has separate property, the community discharge wouldn't shield it from collection, but community property earnings would be protected
However, if the creditor has a motion for relief from the stay granted to resurrect the state court action, and successfully prosecutes the state court action and a timely filed 523(c) action, then the wife's discharge will not protect community property earnings, regardless of the chapter under which she filed.
I don't know if this gets to the heart of your question because I suspect there are pertinent facts in your case that didn't come out in your post. Do you have something else in mind?
All the best,
Nick
Nicholas Gebelt, Ph.D., J.D.
Certified Bankruptcy Specialist
[Description: cid:
image003.jpg@01CC076B.B14D73C0]
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX: 562.946.1365
Email:
ngebelt@goodbye2debt.com;
ngebelt@gebeltlaw.com
Web:
www.goodbye2debt.com
Blog:
www.southerncaliforniabankruptcylawblog.com/
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
Confidentiality Note: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential, or otherwise protected from disclosure. Dissemination, distribution, or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this e-mail in error, please notify us immediately at 562.777.9159 or e-mail
info@gebeltlaw.com and destroy the original message and all copies.
Representation Note: If you have not signed a contract of representation, the Law Offices of Nicholas Gebelt do not represent you, and this email does not contain any legal advice for you.
IRS Circular 230 Disclosure: In order to comply with the requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue code, or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.
The post was migrated from Yahoo.